1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2413 OF 2009 Neha Meghsyam Purav & Ors. ..Petitioners. V/s. Dilip Dattatraya Purav ..Respondent. Mrs. Jyoti Chavan for petitioners. Mr.V.S.Gharat for respondent. CORAM : J.P.DEVADHAR, J. DATED : 15TH JULY, 2009. P.C. :- 1. Heard learned counsel for the parties. Rule. Rule, made returnable forthwith. By consent of the parties, the petition is taken up for final hearing. 2. In this petition, the order dated 28/01/2009 passed by the Civil Judge, J.D. Uran in Regular Civil Suit No.28/02 is challenged. By the said order, the application filed by the petitioners for setting aside the order dated 07/01/2009 has been rejected. On 7/1/2009 since the petitioner No.1 (defendant No.1 in the Suit) was not present for recording evidence, the learned trial Judge passed an order closing the evidence of defendant Nos.1 to 3. 3. On perusal of the roznama, it is seen that the petitioners were 2 diligently appearing before the trial Court after filing affidavit of evidence and it is only on that date i.e. 07/01/2009 the petitioners had remained absent. Immediately, thereafter the petitioners filed an application on 19/01/2009 for setting aside the impugned order dated 07/01/2009. However, by the impugned order the said application is dismissed. Challenging the said order, the present petition is filed. 4. Having heard learned counsel on both sides and considering the roznama and the conduct of the petitioners before the trial Court, in my view, the interest of the justice would be met by giving one more opportunity to the petitioners to participate in the trial. In this view of the matter, Rule is made absolute in terms of prayer clause (a). 5. The parties are directed to appear before the trial Court on 20th July, 2009 for proceeding with the matter. 6. The petition is disposed of accordingly with no order as to costs. (J.P.DEVADHAR, J.)