: 1 : N-470-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 470 OF 2010 IN EXECUTION APPLICATION NO.202 OF 2010 IN PUNE SPECIAL CIVIL SUIT NO.199 OF 1999 Maharashtra State Bureau of Textbook Production & Curriculum Research .. Plaintiffs v/s. M/s. Attic Arts Offset Printers & Anr. .. Defendants ......... Mr. J.G. Aradwad (Reddy) for the plaintiffs Ms. Prajakta Mhatre i/b Varsha Palav for the defendants ......... CORAM : R.Y.GANOO, J. DATE : 15th FEBRUARY, 2011 P.C. : 1. Heard learned Counsel on both sides. There is no affidavit-in- reply filed by the defendants to this notice. Learned Counsel appearing on behalf of the defendants submits that defendants be given time to have the decree dated 20th December, 2005 set aside. Except this, there is no objection. The argument that defendants want to apply for setting aside ex-parte decree cannot be accepted in this proceedings namely Notice under Order XXI Rule 22 of CPC. Notice will have to be dismissed. Hence, following order is passed. : 2 : N-470-10=.sxw ORDER (i) Notice under Order XXI Rule 22 of CPC is made absolute in terms of prayer clause. There shall be no order as to costs. Execution to proceed against the defendants. (R.Y.GANOO, J.)