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WP.13577.16a.doc 3 The petitioners challenged the order dated 01.11.2007 by filing Writ Petition No.3810 of 2008 which was heard and disposed of by this Court (Coram : Shri A.M. Khanwilkar, J.) vide order dated 02.04.2009. During the course of hearing of said application, the petitioners raised objection as to maintainability of regular darkhast No.38 of 2006 with contention that the respondents could have got restored the regular darkhast No.70 of 2001 which was dismissed in default. In order to avoid the controversy, the learned counsel for the respondents made a statement before the Court that the respondents will be advised to pursue the regular darkhast No.70 of 2001 by seeking recall of order dated 18.06.2005 and in that case the respondents may not pursue regular darkhast No.38 of 2006. He further submitted that the statement to that effect would be made before the executing Court and appropriate orders would be invited in regular darkhast No.38 of 2006. In view of the statement made by the learned counsel representing the respondents, this Court disposed of the writ petition No.3810 of 2008. Subsequent to the order dated 02.04.2009 passed in writ petition No.3810 of 2008, the respondents made an application before the Court of Joint Civil Judge, Junior Division, Sinnar, District Nasik, vide Exh. 50 seeking restoration of regular darkhast No.70 of 2001. After giving an opportunity of hearing to the petitioners, the application (Exh. 50) was allowed vide order dated 18.09.2014. Regular WP.13577.16a.doc darkhast No.70 of 2001 came to be restored to file. In the year 2016, the petitioners have filed an application u/s.151 of the Civil Procedure Code seeking recall of order dated 18.09.2014 passed below Exh. 50 and to reject the application Exhibit 50. The learned Joint Civil Judge, Junior Division, Sinnar, vide impugned order dated 01.04.2016 rejected the application filed by petitioners. Being aggrieved the petitioners/ judgment debtors have preferred this petition.

6 It is further pointed out that by the present petition, the petitioners have challenged the order dated 01.04.2016 rejecting the application filed u/s. 151 of Civil Procedure Code seeking recall of the order dated 18.09.2014. It is further pointed out that the order dated 18.09.2014 passed by the trial Court to restore the Regular Darkhast No.70 of 2001, is not challenged in the instant petition. In this background it contended that no case is made out to call for exercise of writ jurisdiction under Article 227 of the Constitution of India.

7 On due consideration of submissions advanced, I am of the WP.13577.16a.doc considered opinion that no case is made out to call for exercise of writ jurisdiction under Article 227 of the Constitution of India to interfere with the impugned order. It is quite settled position in law that the supervisory jurisdiction under Article 227 of the Constitution of India cannot be restored unless the order passed by the trial Court is found to be without jurisdiction or perverse or arbitrary. When the order passed by the trial Court is found to be based upon sound consideration of law and fact it cannot be interfered in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. In my view, the order passed by the trial Court is reasoned and well within the jurisdiction vested with the trial Court. There is absolutely no perversity or arbitrariness in exercise of powers of the trial Court. 8 If we consider the order dated 02.04.2009 passed in writ petition No.3810 of 2008 then the petitioners themselves made submission before this Court that the Regular Darkhast No.70 of 2001 which was dismissed in default can be restored. Considering the statement came to be made that respondents would pursue the remedy to seek the restoration of Regular Darkhast No.70 of 2001 and they will not pursue Regular Darkhast No.38 of 2006, the application Exh. 50 seeking restoration of execution came to be filed and name has been allowed vide order dated 18.09.2014. The said order has attained the finality.