IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2331 OF 2009 Dattu Gopala Satpute (Since deceased) through legal heirs: 1.Sou.Kusum Mallappa Dongre & Ors. ...Petitioners V/s. Maruti Gopala Satpute (Since deceased) through legal heirs: 1A.Smt.Bhamabai Maruti Satpute & Ors. ...Respondents ...... Mr.I.M.Khairdi for Petitioners. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 12, 2009. MARCH 12, 2009. MARCH 12, 2009. P.C. 1. Heard Counsel for the Petitioners. 2. I am in agreement with the opinion recorded by the Court below that no satisfactory explanation has been offered by the Petitioners for not filing written statement to the counter claim till now inspite of the fact that the counter claim : 2 : was accepted as back as on 8th June 1994. The only reason indicated by the Petitioners in the subject application Exhibit 47 is that they were not advised to do so. That is a very vague assertion made by the Petitioners. Besides, it has not been substantiated by filing the affidavit of the concerned Advocate that he in fact had advised the Petitioners not to do so or that he failed in that behalf. 3. In the circumstances, no interference is warranted with the discretionary order passed by the Court below. 4. The argument of the Petitioners that the Court may impose exemplary cost and show indulgence to the Petitioners to defend the counter claim is obviously an argument of desperation. Hence, dismissed. A.M.KHANWILKAR, J.