IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4421 OF 2007 Maheshbhai Chhaganlal Umrani & Anr. ...Petitioners V/s. Vindhyaben Wd/o.R.Patel & Ors. ...Respondents ...... Mr.H.C.Mehta i/b M/s.Mehta & Co. for Petitioners. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 3, 2009. APRIL 3, 2009. APRIL 3, 2009. P.C. 1. This Petition has been listed for final disposal in terms of order dated 14th July 2008. The record indicates that the Respondents have been duly served. Inspite of service, no appearance has been entered, nor any reply has been filed to counter the case made out by the Petitioners. 2. This Petition under Article 227 of the Constitution of India takes exception to the Judgment and Order passed by the Small Causes Court, Mumbai in Misc.Notice No.604 of 2003 dated : 2 : 14th February 2007. By the said order, the Trial Court was pleased to set-aside the ex-parte decree dated 13th June 2003 passed in L.E. & C. Suit No.93/103 of 2001. The grievance of the Petitioners before this Court is very limited. According to them, even if the Trial Court showed indulgence to the concerned Defendant who was the Applicant who had applied for setting aside the ex-parte decree, it was not open to the Trial Court to set-aside the ex-parte decree as against other Defendants. In that, the subject Misc.Notice was filed only by the Defendant No.4 praying for setting aside of ex-parte decree dated 13th June 2003. The cause shown in the said application was relevant only to Defendant No.4. The Application was not filed for and on behalf of other Defendants. 3. In this view of the matter, I am in agreement that the grievance made by the Petitioners that the order impugned in this Petition, even if need not be interfered insofar as Defendant No.4 is concerned, the question of sustaining the same as against other Defendants : 3 : does not arise. 4. In the circumstances, the impugned order is modified to the effect that the ex-parte decree dated 13th June 2003 passed in L.E. & C. Suit No.93/103 of 2001 will stand set-aside only in relation to Defendant No.4 and no other Defendant in terms of this order. The Trial Court may proceed accordingly. 5. Petition disposed of on the above terms. A.M.KHANWILKAR, J.