S.B. CIVIL WRIT PETITION NO.5432/2009 Gulam Nabi Vs. Smt. Gayatri Devi & Anr. Date of order : 26th May, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Usman Ghani for the petitioner. ----- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 14.5.2009 of learned trial court whereby the learned trial court refused to set aside the ex-parte proceedings drawn against the present petitioner, defendant No.2 on the ground that he refused the service of summon of the Court. 3. Learned counsel for the petitioner defendant No.2 submits that he did not refuse such service and he is ready to appear before the Court and face the trial and subject to payment of cost the ex-parte proceedings against him may be set aside. 4. Having heard learned counsel and upon perusal of the impugned order, this writ petition is disposed of without notice to other party and impugned order dated 14.5.2009 is set aside. The ex- parte proceedings against the present petitioner are set aside subject to payment of cost of Rs.2,000/- to the plaintiff. The defendant No.2 shall appear before the learned trial court in the first instance today itself and deposit the said cost which shall be paid to the plaintiff. The learned trial court may proceed further in accordance with law. 5. The writ petition is accordingly disposed of. Copy of this order be sent to opposite party as well as to learned trial court. [ DR. VINEET KOTHARI ], J. itemNo.s/1 babulal