1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 62. WP/1981/2010 (MANYABAI SURYAKANT MULAY AND ANR V/S MADHAV WAMAN MULAY AND ORS) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.V.T.Sakolkar, Adv., for the petitioner. ... CORAM:K.U.CHANDIWAL, J. DATE: 28/9/2010 ... 1. Heard. 2. The respondent/original plaintiff, inspite of service, absent. RCS No.376/1999 was filed against Suryakant Mulay, seeking declaration and perpetual injunction. His absence resulted in decree dt.28.6.2000. An application for setting aside ex parte decree was moved by Suryakant being application No. 48/2001. However, before he could diligently prosecute the same, Suryakant expired on 20.4.2005. The matter was not attended from his side. The legal representatives subsequently 2 learnt of filing such proceeding against Suryakant as mutation of the property was tried to be effected. They approached the learned Civil Judge, Junior Division, Udgir, by making Application No.37/2006, pointing out in paragraph no.6 as to how the delay has occasioned. 3. Learned Judge, while entertaining the application, found that the delay of one year, three months and seven days is not sufficiently explained. Though the order of the learned Judge, on this technicality, need not be faulted, however, looking to the fact situation, the bereaved family could not keep track of the matter as the matter was attended by Suryakant, the deceased, and could not be followed up after his death. This was sufficient ground to have been considered by the learned Judge to entertain the application seeking to condone the delay and setting aside of the ex parte decree 3 4. In the result, the order under challenge dt.14.9.2009 is set aside. Delay of one year, three months and seven days in moving the application is condoned. The learned Judge shall independently consider the application for setting aside the ex parte decree on its own merits. The petitioner to deposit Rs.2,000/- with the learned Civil Judge, Junior Division, within two months. Writ Petition allowed to the extent indicated above. (K.U.CHANDIWAL) JUDGE ... (agp:1981-10wp )