1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1111 OF 2010 1. Amit Pandurang Malekar & anr. ....Petitioners vs 1. Damodar Pandurang Nayak & ors. ....Respondents Ms. Gauri Godse for the Petitioners. CORAM : S.J. VAZIFDAR, J. DATE : 10TH FEBRUARY, 2010. P.C. :- 1. It appears that the trial Court has not even taken up the application for an ex-parte order to date. The earlier application was rejected on the ground that the other side should be given an opportunity of being heard. That is correct. However, once they were given notice the ex-parte application ought to have been heard immediately. 2. In the circumstances, the Writ Petition is disposed of by the following order : 2 (1) The Petitioners shall issue fresh notice to the Respondents of an ex-parte/ad-interim application before the trial Court. The Petitioners shall be entitled to serve the Respondents by private/personal service. (2) It shall, however, be open to the trial Court to entertain the ad-interim application if the trial Court is of the opinion that the service is being deliberately avoided by the Respondents or for any other valid reason. (3) The ex-parte application shall be disposed of, latest by 8th March, 2010.