:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2801 OF 2009 WRIT PETITION NO. 2801 OF 2009 WRIT PETITION NO. 2801 OF 2009 Makrand Bhikaji Kulkarni ..Petitioner versus Manoj Bhikaji Kulkarni & Ors. ..Respondents Mr. Santosh Singh for the Petitioner. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 13TH APRIL, 2009 DATE : 13TH APRIL, 2009 DATE : 13TH APRIL, 2009 P.C. P.C. P.C. . By this petition, the petitioner has challenged the Order of the learned District Judge, Kolhapur, dated 2.12.2008 refusing to condone the delay of 729 days in filing an appeal. 2. The Civil Suit was decreed against the petitioner on 17.8.2004. Instead of preferring an appeal against the decree, the petitioner preferred some application to take his written statement on record. This application was dismissed by the court. Instead of considering the remedy, the petitioner persisted and filed an appeal against that order. That appeal was also dismissed. After :2: the dismissal of the appeal, the petitioner thought of challenging the exparte decree by filing a regular appeal. This appeal was filed after a period of 729 days. The learned Court has observed that there is no merit in the reasons given by the petitioner and the mistake in taking out proceedings of his choice and not proceedings according to law, is not bonafide and not justifiable. The learned trial Court has not committed any error of law apparent on the face of the record. There is no merit in the petition, which is hereby dismissed. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)