1 mss WP7780 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 7780 OF 2011 SHRI VAIJNATH DATTATRAY RUKARI .. PETITIONER Vs. SMT. VIMALADEVI MOHAN GHIYA & ORS. .. RESPONDENTS Mr. Amit Shete for the petitioner Mr. Anil Mishra for Respondents CORAM: G. S. GODBOLE, J. DATED: 7/10/2011 P.C. Heard Mr. Shete, learned advocate for the petitioner and Mr. Anil Mishra, learned advocate for the respondents. 2. Rule. By consent Rule made returnable forthwith and taken up for final hearing. 3. Heard. 2 mss WP7780 4. By the impugned order, learned Judge of Small Causes Court at Pune has condoned the delay in filing an application under Order 9 Rule 13 of the Code within one day without issuing notice to the present petitioner. In this situation, the advocate for respondents has consented for setting aside this order and remitting the application to the trial court for consideration on merits afresh. 5. Hence by consent, the writ petition is allowed and Rule is partly made absolute. Impugned order dated 21/4/2011 is set aside and Misc. Application No. 30/2011 is restored to file. The petitioner will be at liberty to file reply and thereafter the trial court will decide the application on its own merits without being influenced by the earlier order dated 21/4/2011 which is being set aside by consent. No order as to costs. (G. S. GODBOLE, J.)