spb/- 1 wp4087-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 4087 OF 2011 Shri Shripad Ramchandra Anjurkar ... Petitioner. V/s. Shri Mahesh Prabhudayal Mangla ... Respondent. ----- Ms. Tanu Khattri i/by Sandesh D. Patil for the Petitioner. ----- CORAM : D. G. KARNIK, J. DATE : 28th JULY, 2011. P.C. : 1 The petition is directed against an order dated 7th December, 2010 passed by the trial court, rejecting the petitioner’s application for setting aside “No WS” order and rejecting his request for permission to file written statement. 2 The suit summons was served on the petitioner on 2nd March, 2009. As he did not file written statement within a period of 30 days and even after maximum period of 90 days, the court passed “No WS” order against him on 3rd December, 2009. Even thereafter for four more months, the defendant did nothing and made an application for setting aside the “No WS” order on 6th March, 2010. In my view, the trial court rightly rejected the application in the light of the decision of the Supreme Court spb/- 2 wp4087-11.sxw in the case of Kailash vs. Nankhu, AIR 2005 SC 2441. . 3 Learned counsel for the petitioner submitted that the mother of the petitioner was ill and therefore, he could not file written statement in time. The death certificate produced on record shows that the petitioner’s mother died on 24th August, 2009. ‘No WS’ order was passed long time thereafter i.e. on 3rd December, 2009. Thus the defendant got more than three months time even after the death of his mother for filing of the written statement but he did not do so. In fact he applied for setting aside ‘No WS’ order seven months after the death of his mother. Further more in the application for setting aside No WS, no explanation has been offered as to why during the period of seven months after the death of his mother, the defendant could not file written statement. 4 There is no merit in the writ petition, which is hereby rejected summarily. [D.G. KARNIK, J.]