IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1491 OF 2009 Santosh Vasant Raut ...Petitioner V/s. Smt.Hausabai Shrirang Vanve & Ors. ...Respondents ...... Mr.Pankaj Devkar i/b Mr.Rahul S.Kate for Petitioner. Mr.Nitin Meshram for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 20, 2009. MARCH 20, 2009. MARCH 20, 2009. P.C. 1. Heard Counsel for the parties. 2. I find no reason to depart from the view taken by the Court below. The finding recorded by the Court below is not only a possible view but the conclusion is inevitable in the fact situation of the present case. In that, it is not in dispute that Petitioner was served with the suit summons on 23rd November 2004. The Petitioner made appearance : 2 : before the Court on 6th December 2004. Eventually, no written statement order was passed on 6th March 2005 whereas present Application for recalling no written statement order has been filed only on 20th October 2007. The explanation offered by the Petitioner has been rightly rejected by the Court below as unsubstantiated and by no standards, can be said to be exceptional circumstance. Hence, rejected. A.M.KHANWILKAR, J.