SSM 1 915.wp.7556.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7556 OF 2010 Chandrakant Y. Karigar ....Petitioner Versus Dhanesh Appa Kole and another ....Respondents ______ Mr. Gajanan M. Savagave for the Petitioner. Mr. K. J. Waghmare for the Respondent. CORAM: B. R. GAVAI, J. DATED : 23 rd FEBRUARY, 2011. P.C.: By way of present Petition, the Petitioner challenges the order dated 30 th November, 2006, vide which an application for condonation of delay in filing application for setting aside the exparte decree came to be rejected. 2. The Petitioner has approached this Court in its extraordinary jurisdiction under Article 227 of the Constitution of India. A party invoking the extraordinary jurisdiction is required to SSM 2 915.wp.7556.10 approach this Court diligently. No doubt that this Court can entertain a Petition even if it is filed at belated stage, if a party makes out a case for that. In the present case, the Petitioner is challenging the order dated 30 th November, 2006. No explanation as to why the Petitioner has not approached this Court for a period of more than 4 years is given. Apart from that, the learned Trial Court has observed that instead of notice given to the Petitioner by his lawyer, he has not remained present for the cross­examination. Not only that, but when the application was posted for hearing, even on that day the Petitioner has remained absent. 3. In that view of the matter, I find no case is made out to entertain the present Petition, which is filed after a long period of four years. 4. In that view of the matter, the Petition is rejected. (B. R. GAVAI, J.)