1 wp1118.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1118 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. R.A. Tambe, Advocate for petitioner. 1. Heard. The judgment and award obtained exparte against the petitioner is being executed. In that Execution Petition, the judgment-debtor attempted to raise objection and urge that there was already partition between the parties and it was not pointed out to trial Court. 2. The Executing Court has found that the exparte judgment and decree was challenged in appeal and delay in filing that appeal is not condoned. The order refusing to condone the delay is maintained even by the High Court. 3. The papers pertaining to that appeal and prayer for condonation of delay are not made available to this Court. The defence which was valid defence in a suit is now sought to be urged as defence in execution. The trial Court has refused to go behind the decree. 2 wp1118.11 4. In this situation, I do not find any jurisdictional error or perversity, the Petition is therefore rejected. No costs. (B.P. DHARMADHIKARI) JUDGE. 15.02.2011 gas/wp1118.11