1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5185 OF 2011 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 11.08.2011. 1. Heard. 2. The petitioners are the original plaintiffs who have filed a suit before the Civil Court for cancellation of the agreement and for declaration that the plaintiffs are the joint owners. The matter proceeded exparte against the defendant No.6. After two years, the defendant No.6 appeared and filed an application for setting aside exparte order. The said application is allowed. Aggrieved thereby, the plaintiffs filed the present Writ Petition. 3. Mr.Panpatte, learned counsel for the petitioners vehemently contended that the 2 defendant No.6 was negligent in prosecuting the matter. Even as per the amended order VIII Rule 1 of the C.P.C., the defendants have to file W.S. within 30 days and the outer limit is 90 days. In the present case, no sufficient cause is shown. Even the trial court has observed that there is delay on the part of the defendant No.6 but still has allowed the application. According to the learned counsel, the trial Court exceeded his jurisdiction in allowing the said application. 4. The provisions of Order VIII Rule 1 of the C.P.C. as amended would not be applicable in the present proceedings as the suit is of the year 1996. Moreover, the matter is concerned with the immovable property, the trial court has considered this aspect and has afforded an opportunity to the defendant No.6 to contest the matter. The said order is also passed in January 2010, more than one and half years back. As such it would be inappropriate at this stage to interfere with the said order. 5. In the result, the Writ Petition is 3 dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.11.08.2011. asp/office/wp5185.11