1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3975 OF 2010. Babulal Murari Dhone -: VERSUS :- Bhaurao Murari Dhone. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 18, 2010. Heard Shri R.D. Najbhile, learned Counsel for petitioner/plaintiff. Trial Court has found that notice was not served upon the defendant/brother by petitioner. The learned Counsel points out that notice was issued by paper publication. According to him, defendant has deliberately kept away as he has completed construction and wants to delay the adjudication of the suit. He has further pointed out that an exparte order was passed on 20.07.2009 and the order to proceed exparte was again passed on 04.12.2009. His contention is, the affidavit filed by the respondent 2 brother is also not a responsible affidavit and hence it could not have been acted upon. The learned trial Court has decided to proceed further with the trial of the suit on merits. I do not find any jurisdictional error in the matter. However, the proceedings in Special Civil Suit No. 830/2008 are expedited and the trial Court shall attempt to decide the same as early as possible and in any case by 30.04.2011. With this direction, Writ Petition is disposed of. No costs. JUDGE Rgd.