dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.2703 OF 2008 PETITION NO.2703 OF 2008 PETITION NO.2703 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.B.Deshmukh for the Petitioners. Mr.Sandesh D. Patil for respondent no.1. Mr.A.L.Desai for respondents 3 to 5. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 15th October, 2008. : 15th October, 2008. : 15th October, 2008. P.C. P.C. P.C. The petitioner’s application for setting aside the exparte order was dismissed. Admittedly the suit is of 1996 which was dismissed for default and was restored on an application on 10.2.2004. The petitioner-original defendant no.1 was joined as a party some time in 1998. The Suit is for specific performance, declaration and injunction. Being subsequent purchaser, the petitioner is necessary and property party also for the reason that he is in ( 2 ) possession of the property in question as contended. The rejection of this application, therefore, would hamper the basic decision in the matter itself as being social organisation for upliftment of women and poor. It appears that there was no intentional delay. Taking all this into account I am inclined to grant this application in the interest of justice which is even otherwise necessary for proper decision of the matter. In view of this, I am inclined to grant this application of petitioner for setting aside the exparte order. It is accordingly set aside. The petitioner, is however, directed to pay the costs of Rs.5,000/- to be paid within four weeks as a condition to the plaintiff. The written statement to be filed within four weeks. The petition is accordingly allowed in terms of prayer (a). ( 3 ) [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]