 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 656/2008 Swati Abhay Deshmukh & others ..vs.. L.I.C. Of India thr. Senior Division Manager and others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. R. A. Gupte, Advocate for petitioners. Mr. N. S. Badhe, Advocate for respondent no.1. Mr. S. N. Mahajan, Advocate for respondent nos. 3 & 4. CORAM: J. H. BHATIA, J. DATED : 19 th MARCH, 2009 1. Respondent no. 2, who is husband of petitioner no.1 and father of petitioner nos. 2 and 3, had taken home loan from respondent no. 1 and respondent nos. 3 and 4 were the Guarantors. Special Civil Suit No. 1159/2006 was filed by respondent no. 1 against respondent nos. 2 to 4 for recovery of the loan amount and for permission to sell the mortgaged property and other securities. The petitioners, who are living separately from respondent no. 2, came to know about it during the Family Court proceeding and, thereafter, the petitioners moved an application before the Civil Court for being impleaded as parties in Special Civil Suit No. 1159/2006. However, that application was rejected as they were found not necessary parties. That order is challenged in the present petition.  2. Learned counsel for the petitioners contends that respondent no. 2 is absconding for last about three years and because of that even the petition filed by him for restitution of conjugal rights and application filed by the present petitioners for maintenance could not proceed ahead. According to them, if the suit is decreed ex parte and the house is sold away, it cannot fetch proper price and the family will be deprived of their house also. In view of these circumstances, it is necessary to implead them as party. 3. Respondent no. 2 has not appeared in spite of service. After some discussion at the Bar, learned counsel for respondent no. 1 and respondent nos. 3 and 4 agree that this petition may be disposed of with consent by giving following directions. (a) The petitioners shall be allowed to be impleaded as defendants in Special Civil Suit No. 1159/2006. (b) The petitioners shall be permitted to repay the balance loan amount with interest thereon to respondent no.1 within three months from this date and after recovery of the loan amount, respondent no. 1 shall withdraw the suit and shall deposit all the relevant documents about flat no. 301, Siddheshwar Apartment, Trimurthi Nagar, Nagpur, open plot and other property, which might have been mortgaged or pledged with respondent no.1, with the trial Court. The  trial Court shall retain documents of the properties so deposited by respondent no.1 in its custody and those documents shall be returned to the party entitled to the same. (c) The petitioners shall be at liberty to move an application before the trial Court for permission to carry out necessary repairs etc. of the said flat and that application shall be decided by trial Court after hearing the relevant parties on its own merits. (d) The petition stands disposed of accordingly with no order as to costs. JUDGE kahale