(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 522 OF 2011 Sushila Shankar Khilari, Age : 43 years, Occupation : Household and Agriculture, R/o. At Post : Takali Dhokeshwar, Taluka : Parner, District : Ahmednagar, and 2 others. .. Petitioners. versus Sunita w/o. Nana Rohakale, Age : 48 years, Occupation : Household, R/o. Bhalwani, Taluka : Parner, District : Ahmednagar. .. Respondent. ....................... Mr. Amol N. Kakade, Advocate, for the petitioners. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 24TH JANUARY 2011 (2) COURT'S ORDER : 1. The delay of about 590 days in moving application for setting aside ex parte decree has not been condoned. 2. Mr. A.N. Kakade, learned Counsel appearing for the petitioners, states that the petitioner nos.1 and 2 are ladies and petitioner no.3 is a senior citizen aged about 80 years. The respondent / plaintiff is closely related and she filed suit by fabricating the documents. He further states that it was indicated by the respondent / plaintiff, to the petitioners / defendants, that she would not prosecute the suit further. In this situation, her word was relied upon and the breach of promise came to their knowledge only when the petitioners received notice of execution. 3. The story mentioned above itself shows the inconsistent plea in relation to the very same transaction. On the one hand, there is allegation of fabrication and on the other hand, a compromise by such fabricator has been relied upon and breach of promise is again pointed out. The trial court has considered this conduct. 4. I am not inclined to interfere in the matter in this (3) jurisdiction. The petition is, therefore, not entertained. 5. In the result, the petition is dismissed. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp522