1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2072 OF 2008 Khanderao Namdeo Mankar & ors. ..Petitioners. V/s. Subhash T. Berari. ..Respondent. Mr.Ajay Verma i/b. Mr.H.F.Palve for petitioners. Mr.Motkari i/b. Mr.V.Z.Kankaria for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 17, 2009. DATE : MARCH 17, 2009. DATE : MARCH 17, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Having regard to the sole reason given by the Applicants that they are villagers and illiterate, the Court below has rightly observed that no exceptional circumstance has been made out to show indulgence so as to entertain the Written Statement of the Petitioners beyond 90 days. It is not in dispute that the Petitioners were served on 6th November, 2006. In fact, appearance was made before the Court on 17th January, 2007. Ninety days period for filing Written Statement expired on 5th February, 2007, whereas the subject Application is filed on 7th March, 2007 for taking the Written Statement on 2 record beyond period of limitation. As is well settled that indulgence can be shown only if exceptional circumstance is made out by the Defendant to condone the delay beyond 90 days. 3. Hence, Petition is dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)