spb/- 1 wp8272-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 8272 OF 2010 Shri Lalji Vishwanath Yadav ... Petitioner. V/s. Sou Shardadevi Sureshchandra Gupta ... Respondent. ----- Mr. Dnyaneshwar Deshmukh for the Petitioner. ----- CORAM : D. G. KARNIK, J. DATE : 02nd AUGUST, 2011. P.C. : 1 The petition is directed against an order dated 4th of March, 2007 passed by the Joint Civil Judge, Junior Division, Kalyan rejecting the application of the petitioner for condonation of a delay in making an application for setting aside an ex-parte decree. 2 The case of the petitioner is that he went to his native place on 3rd of March, 2007 and returned only on 10th of July, 2007 and therefore, he was not aware of the decision and hence the delay in filing of the application for setting aside the ex-parte decree. Counsel for the petitioner submitted that the petitioner, after going to his native place, spb/- 2 wp8272-10.sxw fell ill and therefore he could not return till 10th July, 2007. Firstly, it is not proved that the applicant had gone to his native place on 3rd March, 2007 and that he returned on 10th of July, 2007. Except for his bare word, no other evidence was adduced by the applicant to show that he had gone to his native place and stayed their for a period of more than four months. Learned counsel for the petitioner submitted that the applicant is a very poor person and he is an Autoriksha Driver and that the applicant would suffer irreparable loss if the delay is not condoned as the applicant lives on hand to mouth. Assuming the statement to be true that itself would militate against the case of the applicant that he was out of town for four months without income as he was living only hand to mouth. 3 Finding recorded by the trial court that the applicant did not prove that there was a sufficient cause for the delay is a possible finding of fact which cannot be reversed in exercise of an extra ordinary jurisdiction under Article 227 of the Constitution of India. 4 Petition is rejected. [D.G. KARNIK, J.]