This single-line order disposed of a petition to set aside an ex parte decree. The Court declined to condone the 590-day delay and refused to interfere with the lower court's findings regarding the respondent's conduct. The petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
WRIT PETITION NO. 522 OF 2011
Sushila Shankar Khilari, Age : 43 years, Occupation : Household and Agriculture, R/o. At Post : Takali Dhokeshwar, Taluka : Parner, District : Ahmednagar, and 2 others. .. Petitioners.
versus
Sunita w/o. Nana Rohakale, Age : 48 years, Occupation : Household, R/o. Bhalwani, Taluka : Parner, District : Ahmednagar. .. Respondent.
Mr. Amol N. Kakade, Advocate, for the petitioners.
CORAM : B.P. DHARMADHIKARI, J. DATE : 24TH JANUARY 2011
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COURT'S ORDER :
(3)
jurisdiction. The petition is, therefore, not entertained.
( B.P. DHARMADHIKARI ) JUDGE
bgp/wp522
3 issues framed by the court
Whether the delay in filing the writ petition seeking to set aside an ex parte decree can be condoned.
Whether the High Court should interfere with the lower court's order and the respondent's allegations of fabrication and breach of compromise.
Whether the High Court's order not entertaining the petition should be quashed.
Sushila Shankar Khilari and 2 others
Sunita w/o. Nana Rohakale
B.P. Dharmadikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
