ssm sm sm 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.2632 OF 2009 PETITION NO.2632 OF 2009 PETITION NO.2632 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.J.G.Aradwad for the Petitioner. None for the Respondent. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 5th March, 2009 : 5th March, 2009 : 5th March, 2009 P.C. P.C. P.C. . The Petitioner-husband has challenged the impugned order, whereby the lower Appellate Court after considering the merits of the matter allowed the Application of the Respondent-wife and the ex-parte Judgment and Decree passed in Petition No.3 of 2002 passed by the Vth District Judge, Pune has been set aside and further directed the Petitioner to serve a copy of Petition within one month to the other side and parties to appear before the Vth District Judge on 18/12/2008. 2. The learned counsel appearing for the ( 2 ) Petitioner fairly stated that this Court in Writ Petition No.8583 of 2007, has already condoned the delay of about two years in filing an application for setting aside the ex-parte decree. In this back ground, once the delay is condoned and the case is made out, the learned Judge has rightly passed an order in favour of Respondent-wife to give full opportunity in the matter like this. 3. Therefore, there is no reason to interfere in the impugned order. The Petition is dismissed. No order as to costs. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]