1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.990 of 2010 Shri Nandu Hari Gore ... Petitioner versus Smt.Harubai Ganpat Kale ... Respondent ... Mr. Amit Borkar for the petitioner. Mr.Anand S. Patil for respondent nos.1 and 2. CORAM : D.G. KARNIK, J. DATED : 9th July 2010 P.C. 1. Heard learned counsel for the parties. 2. By this petition, petitioner challenges the judgment and order dated 23 October 2009 passed by the Civil Judge, Jr. Division rejecting the petitioner’s application for condonation of delay in making of an application under Order 9 Rule 13 for setting aside of an ex-parte decree. 3. The suit was decided on 12 January 2004. Application for setting aside the ex-parte decree was made on 18 November 2005 i.e. after 2 lapse of nearly 22 months of the decision. Petitioner sought to explain the delay by saying that he was ill and he was not aware of the decision of the court. He became aware of the decision only when execution proceedings was received by him. In paragraph no.8 of the decision, the trial Judge has noted that applicant had applied for certified copy of the judgment and decree on 17 December 2004 and the certified copy was received by him on 24 December 2004. The very certified copy was produced by him in the trial court. The certified copy clearly shows that the certified copy of the judgment and decree was received by the petitioner on 24 December 2004. Therefore, the contention of the petitioner that he was not aware of the decision and became aware of it only after notice of execution is patently incorrect. 4. Petitioner has not explained the delay atleast from the date of the knowledge i.e. 24 December 2004 when he received the certified copy. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK,J.)