2025:BHC-AS:57173 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5402 OF 2019 Jaywant Shikshan Prasarak Mandal ...Petitioner V/s.

Namdev Bajirao Sonawane and Anr. ...Respondents ______________

Mr. Prathamesh Bhargude for the Petitioner.

Mr. Himanshu Kode for Respondent No.1.

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CORAM: SANDEEP V. MARNE, J.

DATED: 23 DECEMBER 2025.

P.C.:

1) Petition challenges order dated 7 March 2019 passed by the 9^th Joint Civil Judge, Senior Division, Pune, rejecting the Application of the Petitioner /Defendant No.11 for setting aside ex- parte order under provisions of Order IX Rule 7 of the Code of Civil Procedure, 1908 (the Code).

2) I have heard Mr. Bhargude, the learned counsel appearing for the Petitioner and Mr. Kode, the learned counsel appearing for Respondent No.1/Plaintiff. I have gone through the findings recorded by the Trial Court in the impugned order. I have also perused the records of the case.

3) The Suit for specific performance is instituted by the Plaintiff on 23 October 2007. There is acknowledgment card on record at Exhibit-84, which shows that someone on behalf of the Petitioner accepted the envelope containing summons on 6 Novembe