[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6265 OF 2008 Sharad Kishan Kapoor .... Petitioner Vs. Mrs. Malika Shreekant Karve & Ors. .... Respondents None present for the Petitioner. Shri Prasad S. Dani for Respondent No.1. CORAM: CORAM: CORAM: ANOOP V. MOHTA, J. DATED: DATED: DATED: DECEMBER 12, 2008 P.C: P.C: P.C: 1. The petitioner/original defendant No.3 has challenged the order dated 11-6-2008 whereby his application to take the W.S. on record was dismissed as it was beyond 90 days from the date of his appearance as the Court held that pursuant to the decision of the Apex Court in Kailash v. Nankhu and other, Kailash v. Nankhu and other, Kailash v. Nankhu and other, reported in AIR 2005 SC 2441 the W.S. should have been filed within the prescribed period and beyond that exceptional circumstances should be made out. The petitioner is a Jockey by profession. He remained out of station. Therefore, even though there was postal intimation but as he was absent, he could not be able to claim the envelope sent by post. He appeared in the Court on 22-2-2007 but not filed the W.S.. He filed the W.S. at a belated stage on 18-6-2007, which was beyond 90 days. [2] 2. The suit is based upon title. There is a right of petitioner involved. Therefore, in the interest of justice and to give full opportunity, I am inclined to grant this application. The application as filed by the petitioner is allowed. The petition is accordingly allowed. No order as to costs. (ANOOP V. MOHTA, J.) sjs/D8wp6265.8 sjs/D8wp6265.8 sjs/D8wp6265.8