1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1198 of 2008 IN WRIT PETITION NO. 1295 of 2007 Ramdhar Ramgarib Kurmi .. Applicant versus Rev.Father Joseph & ors. .. Respondents ... Mr.Navin Parikh i/b V.V. Mishra for the applicant. Mr.M.S. Mhambrey for respondent no.1. CORAM : A.M.KHANWILKAR, J DATED : 21st July 2008 P.C.: 1. I find force in the argument canvassed on behalf of the respondent that this is yet another move to protract the proceedings before the lower court. The application merely makes a statement that the advocate was unwell. That plea is neither substantiated by any documentary evidence nor the 2 advocate has chosen to file his personal affidavit to question the order dismissing the writ petition for default on 6th July 2007. Although this application is filed on 9th July 2007, however, no attempt was made to move the application before the court. The application has been listed by the Registry on its own for the first time on 14th July 2008. This circumstance also supports the grievance of the respondent that this application is filed with a view to protract the proceedings before the lower court. 2. Hence, this application is dismissed. (A.M.KHANWILKAR, J)