1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2857 OF 2009 The Manager, Choundeshwari Sahakari Bank Ltd. Ichalkarnaji ........ Petitioner versus Ashok Namdev Patukle & ors ........Respondent. Mr. P.M. Arjunwadkar adv. for the Petitioner Mr. R.S. Kulkarni for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 21st November, 2009. P. C.: 1. The plaintiff instituted a suit for recovery of an amount of Rs. 45,000/- against the defendant. Present petitioner is one of the defendant being defendant no.2. The suit was instituted in the court of Civil Judge Senior Division, Kolhapur in the year 1994. The suit was lying in the court at Kolhapur till 2001. For a period of seven years the present petitioner chose not to file written statement. Thereafter the suit came to be transferred to Ichalkaranji court and an ex-parte decree has been passed against the petitioner. The petitioner moved a Review Application seeking review of the judgment and decree passed by the trial 2 court by urging various grounds including the ground that after transfer of the case, the present petitioner was not noticed. The trial court after considering the submissions has rejected the application for review. Aggrieved thereby the present writ petition has been filed. The learned counsel for the petitioner has submitted that the review application moved by the petitioner and the order thereon passed by the trial court should be read as an application purported to have been filed under Order 9 Rule 13 of CPC for setting aside an ex-parte decree and the order passed by the trial court ought to be construed as an order rejecting such an application. There is no substance in the said contention. Parties have contested the application and court has also disposed of the same by applying the parameters applicable for consideration of a review application. In the result, the point urged by the learned counsel does not carry any merit and the same stands rejected. The petition is therefore dismissed summarily. (A. P. Deshpande, J.)