Smt. Tulsabai Ramesh Usre And Another v. Ganesh S/O Rmsukh Usre

1 wp2690.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2690/2019 Smt. Tulsabai Ramesh Usre and another ..Vs..

Shri Ganesh S/o Ramsukh Usre - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. I.P. Khisti, Advocate for the petitioners. CORAM : Z.A. HAQ, J.

DATED : 18.7.2019.

Heard.

By the impugned order, learned trial Judge has condoned the delay of about 4 months in filing the application praying for setting aside the ex-parte judgment and decree. The respondent had pleaded that he was not aware about passing of the ex parte judgment and decree, and as per the practice prevalent now-a-days, blame for it was placed on the lawyer who represented the respondent. Learned trial Judge has found that the explanation given by the respondent for delay in filing the application was not acceptable but considering the fact that the delay was about 4 months and looking to the nature of controversy, the learned trial Judge has taken a pragmatic view exercising discretion in favour of the respondent. In the facts of the case, I am not inclined

2 wp2690.19 to interfere with the discretion exercised by the trial Court. Hence, the writ petition is dismissed. No costs. As the civil suit is of 2011, learned trial Judge is directed to decide the civil suit till 30th March, 2020. JUDGE Tambaskar.