ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 2251 OF 2008 PETITION NO. 2251 OF 2008 PETITION NO. 2251 OF 2008 Smt.Smita Maruti Chavan & Anr. ....Petitioners. Vs. Shri Ganesh Sheshappa Mane. ...Respondent. Mr.Amit Borkar for the Petitioners. Shri Jayesh B.Kocheta for the Respondent. CORAM CORAM CORAM : : : ANOOP V.MOHTA, J. ANOOP V.MOHTA, J. ANOOP V.MOHTA, J. DATED DATED DATED : 21st November, 2008. : 21st November, 2008. : 21st November, 2008. P.C.:- P.C.:- P.C.:- The Petitioners have challenged the impugned order whereby the learned Trial Court rightly rejected their application to take W.S. on record. The suit is dated 13/04/2004, except Petitioners other Defendants appeared and filed Written Statements, issues were framed and evidence was also lead accordingly. At the stage of argument, the Petitioners moved this application on 24/04/2007, therefore, there is a delay of 2 years, 9 months and 16 days. There is no justification given on record for such delay though the Petitioners are represented by the advocate throughout, till this date after service of summons. There is no material on record to ( 2 ) justify that there was threat given by the Plaintiff, not to appear in the matter, therefore, Petitioner No.1 could not file Written Statement at the appropriate time. Mere allegations are not sufficient. There is nothing on record to justify and or any action taken by the Petitioners at the relevant time, in view of the alleged threat. 2. On the contrary, there is material on record to show that Petitioner No.1 has mortgaged the property involved in the matter. The learned trial Court rightly rejected the application by observing that there is no case made out to grant such relief and the defence as raised, are after thought. Though Petitioner No.1 is a lady, but Petitioner No.2 is her son. Therefore, in this background no relief can be granted to the Petitioners. 3. Taking all this into account, the Petition is dismissed. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)