IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.R.A.NO.30/2004 Najma Munir Jamdar Petitioner Vs. Yakub Badruddin Shaikh and Anr. Respondent Mr.M.D.Angal,advocate for the petitioner Mr.T.S.Ingale for Res.no.1 CORAM: S.J.VAZIFDAR,J. DATE : 1st December,2008 P.C. 1] Heard. 2] It is stated that a final decree for partition has been passed on 15/11/2007. I am also informed that the executing Court has rejected the appellants case regarding the settlement having been arrived at between the parties after the preliminary decree which was passed on 17/2/2008. The impugned order merely condones the delay in filing the application for setting aside the exparte order dated 7/2/2002. In other words whether the exparte decree dated 7/2/2002 ought to be set aside or not is still to be decided. I express no opinion in that regard. 2] However, I see no reason to interfere with the order in so far as it merely condones the delay in taking out the application. 3] In the circumstances the C.R.A. is disposed of.