The petitioner challenged a writ petition to set aside an order allowing the respondents to file an application for condonation of delay to set aside an ex parte decree. The High Court held that the lower court's discretion was plausible and refused interference under Article 227.
Writ Petition dismissed. No costs awarded.
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 BENCH AT AURANGABAD.
WRIT PETITION NO. 7697 OF 2011
Janardhan S/o Santram Patil
PETITIONER
-VERSUS-
Babasaheb S/o Hariba Gavde and another
RESPONDENTS
Shri V.S. Bedre, advocate for the petitioner
CORAM : S.V. GANGAPURWALA, J.
DATE : 28th November , 2011.
PER COURT :
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that the defendants were aware about the proceedings in the Court. In spite of the knowledge, they remained absent, therefore, they are not entitled to take benefit of this ground. Even in cross examination, the defendants have admitted about the service of summons. Learned Counsel further contended that the delay will have to be counted from the date of decree and the defendants would be required to explain the delay from the date of passing of decree and so also the reasons for non appearance. The Court below has not considered that there is absolute no sufficient cause.
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is a plausible one and needs no interference under Article 227 of the Constitution of India. In the result, the Writ Petition is dismissed. No costs.
[S.V. GANGAPURWALA] JUDGE
ga s/wp7697.11
2 issues framed by the court
Whether the High Court should interfere under Article 227 with the trial court's order allowing setting aside an ex parte decree and condoning delay in application for setting aside service of summons
Whether the records show that the defendants had knowledge of the judgment and decree prior to service of execution notices.
2 provisions across 2 enactments
Janardhan S/o Santram Patil
Babasaheb S/o Hariba Gavde
S.V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
