Haresh Sohanraj Jain vs Kusum A Malur
2023 Latest Caselaw 10678 Bom

   2023:BHC-AS:30890
                                                                       26-wp-15053-2022 @ 5587-2023.doc


                       SA Pathan
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO.15053 OF 2022

                       Haresh Sohanraj Jain                             ... Petitioner
                                  V/s.
SHABNOOR
AYUB
                       Badrinath R B                                    ... Respondent
PATHAN
Digitally signed by
SHABNOOR AYUB
PATHAN
Date: 2023.10.17
10:21:59 +0530
                                                  WITH
                                      WRIT PETITION NO.5587 OF 2023
                       Haresh Sohanraj Jain                  ... Petitioner
                                 V/s.
                       Kusum A Malur                         ... Respondent




                       Mr. Bharat Joshi, for petitioner in both the writ
                       petitions.
                       Mr. Kishore Shriyan, for respondent in both the writ
                       petitions.



                                                      CORAM    : AMIT BORKAR, J.

                                                      DATED    : OCTOBER 16, 2023
                       P.C.:

1. In the both writ petitions, the Trial Court has set aside ex parte decree in a summary suit.

2. It appears that there is doubt about service of summons on the defendant. The Trial Court, therefore, rightly exercised the jurisdiction of recalling ex parte decree.

3. Learned Advocate for the respondents states that the respondent has deposited decretal amount in the Trial Court. This

26-wp-15053-2022 @ 5587-2023.doc

statement is accepted.

4. In view of deposited of decretal amount in the Trial Court, no interference in the impugned judgment is called for.

5. The writ petitions are, therefore, dismissed. No costs.

(AMIT BORKAR, J.)