1 AO 147/2010 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO.147/2010 (Popat s/o Bhausaheb Kadu Vs. Sau Meerabai Annasaheb Waghe and Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.ST Shelke, Adv. for appellant;; Mr.BG Sagade, Adv. for Resp.No.1 *** CORAM : K.U.CHANDIWAL ,J. DATE : 14 th DECEMBER, 2010. ... 1) Heard. 2) A sorry state of affair is projected, as the appellant, after transfer of the matter, did not attend the proceedings. Service was effected to his father, however, the appellant could not keep track of the same and in the situation, invited the decree against him. 3) The decree indeed would be changing entire prospects of the appellant, if it is not attended to vigorously by the appellant. Though I do not find any error on the part of the learned Judge in negating the contentions of the appellant to set aside the decree, however, in the interest of justice, the order calls for interference. The order under challenge is set aside. The decree 2 AO 147/2010 in Special Civil Suit No.59/2006 dated 8.6.2007 is set aside. The appellant and the respondents shall appear before the learned Civil Judge, Senior Division, at Kopargaon on 19th January, 2011. The learned Judge thereafter shall proceed to dispose of the matter expeditiously. 4) The appellant to pay costs of Rs.5,000/- (Rupees five thousand) to the respondents to be paid directly under a receipt. 5) With these observations, AO with CA disposed of. (K.U.CHANDIWAL) JUDGE bdv/