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.4078 OF 2008 Shivaji Bandu Kharat. ..Petitioner. V/s. Sou.Koyanabai Shivaji Kharat & Anr. ..Respondents. Mr.Ashutosh Kulkarni for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JULY 16, 2008. DATE : JULY 16, 2008. DATE : JULY 16, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioner. 2. I see no reason to depart from the opinion expressed by the Court below in rejecting the Application for condoning the delay of over 30 months on the reasoning that no plausible explanation has been offered to excuse such inordinate delay. The argument of the Petitioner that exparte decision passed against the Petitioner will have serious implication is of no avail. Unless the Petitioner was to produce material to justify the inaction for about 30 months’ delay, the question of showing indulgence to such party does not arise. The consequence of decree can be no basis to condone the 2 delay as such. 3. Accordingly, this Petition is dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)