1 WP No.8998/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8998 of 2010 Natha Bala Salunkhe (since deceased thru heir and LRs Smt.Balabai N.Salunkhe & ors. ... Petitioners versus Ashok Yuvraj Salunkhe & ors. ... Respondents ... Mr. Pratap Patil for the petitioners. CORAM : D.G. KARNIK, J DATED : 15th December 2010 P.C. 1. The petition is directed against an order dated 15 October 2007 passed by the Civil Judge refusing to condone the delay in making an application for restoration of the suit. Writ Petition filed on 13 October 2010 after 2 years is belated. Learned counsel for the petitioner however submitted that petitioner had challenged the impugned order by filing an appeal (Miscellaneous Civil Appeal No.68/08) and the appeal was dismissed on the ground that it was not maintainable. Petitioner was therefore bonafidely pursuing the remedy of an appeal though the appeal was incompetent and therefore the delay may be condoned. 2 WP No.8998/10 2. Even if it is assumed that petitioner was bonafidely pursuing the remedy of an appeal, the appeal itself was dismissed on 12 November 2009 as not maintainable. Atleast after the dismissal of the appeal, the petitioner should have approached this Court immediately. In stead of that, petitioner has approached the Court by filing of the petitioner on 13 October 2010 ie after a lapse of more than 11 months. This delay and latches is not satisfactorily explained. 3. The record discloses of the conduct of the petitioner is far from satisfactory. Firstly, he remained absent at the trial of the suit and allowed the suit to be dismissed in default. He did not apply for restoration within the period of limitation but there was a delay of couple of months in applying for restoration. Even the order dismissing the delay condonation application he did not act diligently and there is a delay of 11 months even after the decision of the appeal. Writ Petition is therefore dismissed on the ground of delay and latches. (D.G.KARNIK, J)