1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5247 OF 2009 (Smt. Nirmala J. Shende and another ...versus... Ravindra G. Yawalkar) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : MARCH 31, 2010. Heard Mr. P.S.Sadavarte, the learned counsel for the petitioners. This court has issued notice for final disposal on 10/12/2009 and though the respondent is served, he has chosen not to appear. One chance was given to him on 22/3/2010. Mr. Sadavarte, the learned counsel for the petitioners/original plaintiffs, states that actually delay in filing M.J.C. for setting aside ex-parte decree, is of 1695 days, but in the application for condonation of delay as filed by the respondent, the delay explained is only of 146 days. The explanation for that delay is also not proper and the learned trial court has condoned the delay only because no prejudice or inconvenience will be caused to the present petitioner. He points out that no just and sufficient reason has been found for such restoration by the trial court. Perusal of the impugned order dated 23/7/2009 shows that the learned trial court has not considered the actual length of delay in the matter, though in reply filed, the petitioner has specifically stated that delay was not of 2 146 days only, as alleged. Similarly, whether the reasons made out are just and sufficient for condonation of delay, is also not discussed. Only because the trial court was of the opinion that the plaintiff would not suffer any inconvenience or prejudice as the suit was a money suit, the delay has been condoned. The approach of the Court below, therefore, is not in accordance with the law and there is failure to exercise the jurisdiction. The said order dated 23/7/2009 is, therefore, quashed and set aside. The application filed by the respondent vide M.J.C. No. 277/2008 is restored to the file of the trial court for its fresh consideration in accordance with law. Rule accordingly. Writ Petition is disposed of. No order as to costs. JUDGE Diwale