Shri Ananta Laxman Shelake v. Smt. Kamla Vitthal Daroda And ORS.

(28)-WP-9639-16.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9639 OF 2016 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.01.04 17:51:22 +0530 Shri. Ananta Laxman Shelake ..Petitioner

Versus

Smt. Kamla Vitthal Daroda and Ors.

..Respondents BALAJI GOVINDRAO PANCHAL Mr. Rohit D. Joshi, for the Petitioner.

Mr. J. S. Kini i/by Sapna Krishnappa, for Respondent Nos.1 to 4. CORAM : NITIN W. SAMBRE, J.

DATE : 3rd JANUARY, 2022 P.C.

1.

After having suffered ex-partee decree for partition, the petitioner/defendant moved for setting aside said ex-parte decree, which prayer was accompanied with request to condone delay. The Court below vide impugned order rejected the prayer for condonation of delay as the delay was not properly explained.

2.

I am informed by the counsel for the respondents that the decree is already executed way back in 2011.

3.

In that view of the matter, I hardly see any justifiable reason which warrants interference in the extraordinary jurisdiction particularly when the petitioner and the respondents have already sold part of their shares in the partitioned property.

4.

In the aforesaid background, petition stands dismissed. [NITIN W. SAMBRE, J.] BGP.