Dilshad Inamulla Khan v. Naseem Bano Irfan Ahmed Ansari And ANR

APPL. 835-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) No. 835 OF 2015 IN NOTICE OF MOTION No. 1224 OF 2015 IN SUMMONS FOR JUDGMENT No. 30 OF 2010 IN SUMMARY SUIT No. 2886 OF 2009 Dilshad Inamulla Khan ...

Appellant Vs.

Naseem Bano Irfan Ahmed Ansari & Anr.

...

Respondents *** None for the Appellant.

Mr. Shailesh Pal i/b Pratap Singh, for the Respondents. *** CORAM : V. M. KANADE, & REVATI MOHITE-DERE, JJ.

DATE : FEBRUARY 1, 2016 PC.

.

None appears on behalf of the Appellant. Heard the learned counsel appearing on behalf of the Respondents. By the impugned order, the learned Single Judge was pleased to set aside the exparte decree, which was passed on 11th January, 2011. While 1 / 2

APPL. 835-15 passing the impugned order, the learned Single Judge was pleased to impose costs of Rs. 3,000/-. The Respondent / Defendant No. 1 has accordingly paid the said costs to the Plaintiff's advocate. Thereafter present appeal is filed. We do not see any reason to interfere with the impugned order, since the learned Single Judge has observed that he was satisfied with the explanation given in the affidavit filed in support of the motion. In our view, therefore, no case is made out for interference with the impugned order. Appeal is, therefore, dismissed. Sd/- Sd/- [REVATI MOHITE-DERE, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2