: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1528 OF 2009 Anil Anant Surve .. Appellant V/s. Banarasi Gurudutt Barai & Anr. .. Respondents Mr. S.D. Patil for the Appellant. Ms. Neeta Karnik for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 16 TH OCTOBER, 2009. P.C.: 1. The First Appeal has been preferred against the judgment and decree passed by the Joint Civil Judge, Senior Division, Thane in Special Civil Suit No.97 of 2006. This is an ex-parte decree passed by the learned Judge. Admittedly the written statement was not filed by the defendant and hence the Court proceeded to decide the matter ex-parte. 2. By consent of the parties, the ex-parte decree is set aside. The trial court will hear and decide the suit within a year from today. The defendant- appellant shall file his written statement within a : 2 : period of four weeks from today. In the event any additional documents are required to be filed by the plaintiffs, they may do so. 3. In this view of the matter, the decree is set aside on payment of costs to the plaintiffs quantified at Rs.5,000/-. Costs are condition precedent. Costs to be paid within a period of two weeks from today. The respondent No.1, who is present in the Court, has no objection to the decree being set aside on the aforesaid terms. 4. The First Appeal is disposed of. 5. In view of the above, Civil Application No.2845 of 2009 pending in the First Appeal does not survive and the same is disposed of accordingly. .......