WP/1288/2010 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1288 OF 2010 Abhinandan Pandurang Jawkar Age : 75 Sex : Male Balbhin Chowk Beed ..Petitioner Beed Vs 1.Dr Dayasagar Bapurao Jawkar Balbhim Chowk Beed Beed 2.Damodhar Baburao Bagal Age : 55 Sex : Male Bashir Gunj,Beed ..Respondents ... Shri M.P.Kale, Advocate for petitioner and Respondent No.1 - in person ... CORAM : A.A.SAYED, J. Dated : 21.12.2010 ORAL JUDGMENT :- 1. Heard learned counsel for the petitioner and the defendant who is appearing in person. 2. Rule. By consent, rule made returnable forthwith and the petition is taken up for final disposal. 3. The order dated 2.12.2009 passed by the learned Joint Civil Judge S.D. Beed, rejecting the application Exhibit 137 filed by the WP/1288/2010 2 petitioner / original defendant No.2 to set aside no written statement passed against him and to take written statement on record is subjected to challenge in this Petition 4. The 'no written statement' order was passed sometime on 15.6.1996 and the application was filed by the petitioner after a period of about thirteen years. Learned counsel for the petitioner sought to argue that the suit itself was dismissed in July 2007 and it was only later that the suit was restored by the order of the learned lower appellate Court. However, I find that no satisfactory explanation has been given even for the delay from 1996 to 2007. The explanation given by the petitioner for delay in filing the written statement is that no lawyer was accepting his vakalatnama due to the influence of the plaintiff and that he was busy in prosecuting the several cases. The reasons given for the delay are absolutely illusory and no cause, leave alone, sufficient cause has been made out for the inordinate delay. The learned Judge has rightly rejected the application of the petitioner and the impugned order cannot be faulted. 5. In the circumstances, Writ Petition is dismissed. Rule is discharged. No order as to costs. ( A.A. SAYED, J.) ... akl