1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.385 OF 2010 Mr.Ali Hussain Khan @ Mullaji ...Petitioner vs. Mr.Kera Dhari Yadav ...Respondent Mr.V.D.Upadhyay for the petitioner Mr.Amit Shetye i/b Mr.A.B.Borkar for the respondent CORAM :A.S.OKA,J. DATE : APRIL 8, 2010 P.C.: 1 Heard the learned counsel for the petitioner and the learned counsel for the respondent. The learned counsel for the respondent on instructions of the respondent states that the respondent has no objection for setting aside the ex-parte decree, provided the petitioner is directed to pay compensatory costs. He submits that this Court may fix appropriate amount considering the fact that the suit filed by the respondent in the year 2003 will be delayed further. 2 In view of this statement, the petition need not be kept pending. Considering the facts and circumstances of the case, the petitioner will have to pay costs of Rs. 15,000/- to the respondent. Payment of costs will be a condition precedent. 3 Hence, the writ petition is disposed of by passing the following order : i) Impugned orders are quashed and set aside and the ex-parte decree dated 3 rd march 2007 passed in RAE and R Suit no.2016 of 2003 is quashed and set aside 2 subject to the petitioner paying costs of Rs. 15,000/- to the respondent within a period of four weeks from today. The deposit of the amount of costs with the trial Court will be treated as sufficient compliance with the order. If the amount is not paid or deposited within stipulated period, the exparte decree will stand. If the petitioner complies with the order of payment of costs, the parties will appear before the trial Court on 7 th June 2010. The trial Court will grant time of maximum two weeks to the petitioner to file written statement. ii)Hearing of the suit is expedited and the trial Court is directed to conclude the hearing of the suit as expeditiously as possible and in any event before end of November 2010. iii)Writ Petition is partly allowed in above terms. JUDGE