1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8187/2009. (Nasreen Syed Mahfooz Hussain and Ors. Vs. Digambar Pawar and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.AG Godhamgaonkar, Adv. for Petitioners;; Mr.VG Shelke, AGP for Resp.Nos. 11 to 13. ___ CORAM : K.U.CHANDIWAL ,J. DATE : 27 th September, 2010. ... 1) Heard. None for the respondents though served. 2) The learned Judge, noticing the laxity on the part of the petitioners (defendants before him) was constrained to strike the defence and even their right was forfeited by order dated 18.09.2009. Though the order under challenge cannot be faulted, as the learned Judge has accommodated the petitioners/defendants on several occasions, and the matter was of 2001, in spite of all these odds surfacing, in the interest of justice, by exercising the power under Article 227 of the Constitution, the impugned order is set aside on the petitioners herein paying costs of Rs.10,000/- to the plaintiffs 2 before the learned CJSD, Biloli. Costs to be paid within a month from today. The amount, which has been deposited pursuant to earlier order, shall be treated as costs, as indicated above. No costs in the present petition. (K.U.CHANDIWAL) JUDGE bdv/