1 WP 5655/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5655 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. J. Shekhar i/b J. Shekhar & Co. for the petitioners. CORAM : D.G. KARNIK, J. DATE : 3RD AUGUST 2010 P.C. : 1. Heard. 2. By this petition, the petitioner challenges the order dated 19 September 2009 passed by the learned Civil Judge, Senior Division, Baramati, allowing the application filed by the respondent for restoration of the suit under Order 9 Rule 13 of the Code of Civil Procedure. 3. According to the respondent, he was ill on the date fixed and therefore there was 2 WP 5655/10 sufficient cause for his absence. In support of his case, the respondent produced medical certificate and examined the author of the certificate, namely Dr. Rajiv Shah, in the Court. Dr. Rajiv Shah stated on oath before the Court that the respondent was suffering from bleeding piles. This illness prevented the respondent from attending the Court on the date fixed. The finding recorded by the trial court on appreciation of the evidence of the doctor that there was a sufficient cause of the respondent remaining absent is a possible finding of fact requiring no interference in exercise of writ jurisdiction under Article 227 of the Constitution of India. The writ petition is accordingly rejected summarily. (D.G. KARNIK, J.)