1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION A.O.NO. 969/2008 Mrs.Manorama Ralhan Appellant Vs. Our Sweet Home Co-op.Hsg.Society & Anr. Respondents Mr.A.M.Vernekar i/b M/s Vernekar & Co.for the appellant Mr.G.S.Godbole i/b Mr.Nitin Mulye for Res.no.1 Mr.V.K.Khatu for Res.no.2 Mrs.Geeta Joglekar for B.M.C. CORAM: S.J.VAZIFDAR,J. DATE : 18th December,2008 P.C. 1] Admit. 2] Heard finally. This appeal is filed against the order of the learned Judge of the City Civil Court rejecting the appellant's Notice of Motion to set aside the exparte decree dated 10/11/2006. Pursuant to the exparte decree the B.M.C. in fact demolished a part of the suit premised. 3] For the purpose of this A.O. it is not necessary to deal with the merits. Further it will presume that the summons was in fact served on the appellant who is an aged lady. 2 4] In the facts and circumstances of this case,however, interest of justice requires that the appellant is given an opportunity of defending the matter on merits. 5] The appellant had purchased the premises under an agreement entered into in the year 1962. The society was formed in the year 1966. It appears that there were serveral disputes between the society and the appellant for almost 25 years. The society had filed the dispute in the year 1984 which was withdrawn in the year 2005. This suit itself was filed in the year 2005 .In these circumstances the solitary lapse ought not to prejudice the appellant. 6] In the circumstances the impugned order is set aside and the suit is restored to the file. 7] It is,however,clarified that the status quo shall be maintained as it exists today . 8] The appellant shall be at liberty to make an application before the trial Court for restoration of the premises at the stage on the date of the exparte decree. 9] All the contentions of the parties in this regard are kept open. It will be open to the respondents to contend that the restoration which is sought would be contrary to law including the provisions of the B.M.C.Act . In other words the mere setting aside of the exparte decree shall not entitle the appellant to restoration. 3 10] The objections have been filed to the report prepared by the Commissioner appointed by this Court.It is not necessary to go in to the same. The parties are at liberty to apply to the trial Court for the appointment of aCommissioner to make a report in accordance with the order dated 11/12/2008 passed by this Court. 11] The appellant should pay costs of this A.O.fixed at Rs.10,000/- within four weeks from today. 12] The Debris may be removed under the supervision of the officer of the Court to be appointed by the trial Court who shall ensure that no construction work was carried out while removal of the Debris. 13] Any application for expeditious hearing shall be made to the trial Court.