Sau. Jayashri D. Deshmukh v. Ramchandra N. Mohite & Ors.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.217 OF 2012 Sau. Jayashri D. Deshmukh Versus Shri Ramchandra N. Mohite and Ors. ....Petitioner. ...Respondents. Mr. S.V. Sadavarte, advocate for Petitioner. Mr. Vijay Killedar, advocate for respondents. DATED : December 18, 2012. CORAM : RANJIT MORE, J. P.C.: Heard Mr. Sadavarte and Mr. Killedar learned counsel appearing for the respective parties. 2 By the impugned order, learned trial Judge allowed respondents' application under Order IX Rule 13 of Code of Civil Procedure, 1908 (In short 'CPC') subject to payment of cost of Rs.3,000/- to the petitioner. Trial Court has recorded findings that respondents have shown sufficient cause to set aside ex-parte decree passed in regular civil suit no.865 of 2001. These findings of the fact can not be interfered with Shivgan 2 906-wp-217-12 in writ jurisdiction of this Court under Article 227 of the Constitution of India. The Petition is, therefore, dismissed. 3 In the year 2001, petitioner filed suit which was decreed ex- parte in the year 2005 and by the impugned order, ex-parte decree was set aside and now, suit has to be decided afresh. In these circumstances, trial Court is directed to dispose of Regular Civil Suit No.865 of 2001 as expeditiously as possible. (RANJIT MORE, J.) Shivgan