The single-judge order setting aside an ex parte decree and imposing costs was upheld. The bench found the single judge was satisfied with the explanation in the affidavit filed in support of the motion.
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APPL. 835-15
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (L) No. 835 OF 2015 IN
NOTICE OF MOTION No. 1224 OF 2015
IN SUMMONS FOR JUDGMENT No. 30 OF 2010
IN
SUMMARY SUIT No. 2886 OF 2009
Dilshad Inamulla Khan … Appellant Vs. Naseem Bano Irfan Ahmed Ansari & Anr. … Respondents
None for the Appellant.
Mr. Shailesh Pal i/b Pratap Singh, for the Respondents.
CORAM : V. M. KANADE, & REVATI MOHITE-DERE, JJ. DATE : FEBRUARY 1, 2016
PC.
. None appears on behalf of the Appellant. Heard the learned counsel appearing on behalf of the Respondents. By the
impugned order, the learned Single Judge was pleased to set aside the exparte decree, which was passed on 11th January, 2011. While
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APPL. 835-15
passing the impugned order, the learned Single Judge was pleased to impose costs of Rs. 3,000/-. The Respondent / Defendant No. 1 has accordingly paid the said costs to the Plaintiff's advocate. Thereafter present appeal is filed. We do not see any reason to interfere with the impugned order, since the learned Single Judge has observed that he was satisfied with the explanation given in the affidavit filed in support of the motion. In our view, therefore, no case is made out for interference with the impugned order. Appeal is, therefore, dismissed.
Sd/Sd/[REVATI MOHITE-DERE, J.] [V. M. KANADE, J.]
Vinayak Halemath
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Dilshad Inamulla Khan
Naseem Bano Irfan Ahmed Ansari & Anr.
V. M. Kanade
Revati Mohite-Dere
As recorded by the court registry
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