1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.8813 OF 2010 Pandurang Ramsing Patil .. PETITIONER VERSUS Ramdas Narsing Rathod & another .. RESPONDENTS ===== CORAM : R. M. BORDE, J. DATE : 5 th OCTOBER, 2010. PER COURT : 1 Petitioner is raising exception to the order passed by the Civil Judge, Jr.Dn., Bhadgaon on 30-6-2010 in Civil Misc. Application no. 5/2009 allowing the application tendered by the respondents / original defendants for setting aside the ex-parte decree passed in Regular Civil Suit no.13/2004 on 21-12-2006, subject to payment of cost of Rs.500/-. 2 I have perused the application as well as order. Considering the fact that the defendants are doing labour work and were required to shift themselves to Bombay for earning livelihood, the defendants could not 2 prosecute the litigation. Taking into consideration this aspect of the matter, trial court proceeded to exercise discretion in favour of the defendants / respondents herein. In exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India, no interference is called for in the petition. Petition is devoid of substance hence stands rejected. 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/wp8813.10.odt