1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7575 OF 2008 Shri Sudhakar Shankarrao Zende. ..Petitioner. V/s. Sau Sita Rajab Sayani. ..Respondent. Mr.Rajesh More for Petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 7, 2009. DATE : JANUARY 7, 2009. DATE : JANUARY 7, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for Petitioner. 2. No interference in exercise of writ jurisdiction is warranted against the discretionary order, which is passed in the fact situation of the present case. It is seen that the Petitioner was served on 15th March, 2008 and eventually "No Written Statement" order came to be passed on 1st July, 2008. In the mean time, the Petitioner participated in the proceedings including made appearance before the Court and contested application Exh.-5. Taking over all view of the matter, the Court has rightly opined that there was no exceptional circumstance in condoning the delay in filing written statement or to recall the order dated 1st July, 2008. Dismissed. 2 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)