{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7278 of 2009 Balaji s/o Laxmanrao Nalge Petitioner Versus Kashinath s/o Narharrao Pendharkar Respondent Mr.N.B.Deshpande, advocate for petitioner Mr.H.I.Pathan, advocate for respondent CORAM : R.M.BORDE, J. DATE : 01 st September, 2010 PER COURT: 1 An application tendered by the Respondent requesting the Court to condone the delay occurred in presenting application to set aside ex parte decree was allowed by the trial Court subject to payment of cost of Rs.400/-, which order is subject matter of challenge in this petition. 2 Application tendered by the Respondent for setting aside ex parte decree passed in the suit presented by original plaintiff is yet pending. In these circumstances, in exercise of extraordinary jurisdiction under Article 227 of the Constitution, no interference is called for. The trial Court is expected to decide the application tendered by the respondent for setting aside the ex parte decree, on its own merits and in accordance with law. 3 Petition stands rejected. R.M.BORDE JUDGE adb/wp727809