:1: 8650.10-wp bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8650 OF 2010 M/s.S.M.V.Constructions & Ors. ..Petitioners Vs. Smt.Barki K. Thakur & Ors. ..Respondents Mr.Atul Rajadhyaksha, Senior Advocate with Mr.Ahmed Ali Khan, Rahul Sharma i/b. M.Tripathi & Co. for Petitioners. Mr.Uday Warunjikar for Respondent No.1. CORAM :- B.R.GAVAI,J. DATE :- MAY 4, 2011 P.C. 1. Rule. Rule is made returnable forthwith. Heard by consent. 2. The petitioners impugn the order dated 24th September, 2010 passed below Exhibit 20 in Misc. Application No.353 of 2010 vide which the application filed by the present petitioners for stay to the execution of the decree dated 25th February, 2009 in Special Civil Suit No.446 of 2006 came to be rejected. 3. Though I have heard Shri Rajadhyaksha, Senior Counsel on behalf of the petitioners and Shri Warunjikar, on behalf of respondent No.1, in view of the order, that I intend to pass, it is not necessary to deal with the rival submissions. :2: 8650.10-wp 4. I find that the interest of justice would be met, if the learned Trial Court is directed to decide the application filed by the present petitioners for condonation of delay in filing the application for setting aside the exparte decree and in the event the said application is allowed, the application for setting aside the exparte decree within a stipulated period and till then the effect and operation of paragraph Nos.4 and 5 of the judgment and decree dated 25th February, 2009 is stayed. 5. The learned Trial Court is directed to decide the application filed by the present petitioners for condonation of delay in filing the application for setting aside the exparte decree and in the event the said application is allowed, the application for setting aside the exparte decree within a period of three months from today. 6. It is further directed that till the aforesaid applications are decided and in the event the order passed by the Trial Court is adverse to the interest of the petitioners, for a further period of two weeks therefrom, the effect and operation of clause Nos.4 and 5 of the decree dated 25th February, 2009 in Special Civil Suit No.446 of 2006 shall stand stayed. 7. Needless to state that the aforesaid order is passed so as to protect the rights of the parties at present and parties would be at liberty to address all the issues available to them, which the learned Trial Court would decide in accordance with law. 8. Rule is accordingly made absolute. (B.R.GAVAI, J.)