1 WP-7216-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi WRIT PETITION NO. 7216 OF 2010 Muktabai N. Dhatrak ... Petitioner vs. Narayan L. Lohkare ... Respondent Mr. S.D.Patil, i/b. Ms. Deepa Matvankar,Advocate, for the petitioner. CORAM: J.H.BHATIA,J. DATE : 19th October, 2010. P.C. 1. Heard the learned Counsel for the petitioner. 2. The petitioner had filed Special Civil Suit No.129/2008 in the Court of Civil Judge, Senior Division, Nashik, for recovery of amount of Rs.3,50,000/- which was allegedly given as hand loan. Though the summons was served on the defendant, he did not appear on 18.4.2008 and ex-parte decree was passed on 15.11.2008. The defendant filed Misc. Application No.184/2009 for condonation of delay along with an application for setting aside the ex-parte decree. According to him, he was suffering from Typhoid and thereafter, he was suffering from Jaundice for which he was taking private treatment. Therefore, he could not appear. The application was opposed. However, taking into consideration the 2 WP-7216-10.sxw reasons given in the application, the trial Court allowed the application and condoned the delay subject to payment of costs of Rs.3,000/-. That order is challenged in the present petition by the original plaintiff. 3. After hearing the learned Counsel for the petitioner and perusal of the reasons given by the trial Court, I see no reason to interfere. Therefore, the petition stands dismissed. (J.H.BHATIA,J.)