IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6753/2008 ______________________________________________________________________ ________ Office Notes,Office Memoranda Court' s Judge' s Orders of Coram ,appearances,Court' s orders or directions and Registrar' s orders Mr.Vaibhav Patankar,advocate for the petitioner Mr.R.R.Salvi for respondent Mahesh Mehta,respondent present Coram : Anoop V.Mohta,J. Date : 6th October,2008. P.C. 1] The petitioner has basically challenged the order dated 15-1-2008 whereby in matrimonial matter by order dated 15-1-2008 the Family Court has directed to proceed exparte against her. 2] The application was also filed for setting aside the exparte order and allow her to file written statement on 25-4- 2008 .The same was also rejected by an order dated 5-8-2008 by holding that there was no sufficient cause shown by the petitioner. One thing that the transfer petition was pending just cannot be overlooked. Secondly it is the matter in which in the interest of both the parties full opportunity should be given to the parties to contest their respective case. It is desirable that such 2 matter can be disposed of after taking mode of evidence as well as rival contentions of the parties. Therefore, without observing much on the merit of the matter and considering the dispute raised and in the interest of justice I am inclined to grant this application and opportunity to the petitioner. However, this is subject to cost of Rs.5,000/- to be paid within three weeks. 3] If the petitioner fails to comply with the above condition order dated 5.8.2008 shall take effect immediately .The petition is accordingly allowed. (Anoop V.Mohta,J.)