1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.769 OF 2009 IN NOTICE OF MOTION NO.26 OF 2009 IN S.C.SUIT NO.779 OF 2001 Louis Fernandes ..Appellant V/s. Smt. Rosy Raymond Gomes ..Respondent ---- Mr. Vasudev T. Lulia for the appellant. Mr. B.P. Shukla for the respondent. ---- Coram : R.S.MOHITE,J Date : 10th August, 2009. PC 1 This is an Appeal filed by the original defendant impugning an order rejecting his prayer for condonation of delay for setting aside an ex-parte decree. An ex-parte decree of perpetual injunction was passed in favour of the plaintiff by the City Civil Court on 20.2.2006 in S.C. Suit No.779 of 2001. Affidavit in support of the Motion indicates that till the very last date the defendant no.1 was attending the case. There is some grievance that his Advocate was not attending on all the dates. Be that as it may, the present Motion was for setting aside ex-parte decree is taken out after over three years. The delay of over three years was sought to be explained by stating that the papers were with his wife who was 2 original defendant no.2 in the suit and his wife had taken away the papers since the plaintiff was her mother-in-law and hence, he was not in a position to file Notice of Motion for setting aside ex-parte decree. The reason given is rightly dis-believed. The affidavit does not indicates that the present appellant approached his Advocate for return of papers. He did not apply for certified copy of the roznama. The Court has rightly concluded that no sufficient reason has been given to condone the delay. Hence, appeal stands dismissed. (R.S.MOHITE,J) 3