IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.307 OF 2009 IN CIVIL APPLICATION NO.1060 OF 2009 IN WRIT PETITION NO.5741 OF 2004 Sharad Baburao Bhosale ... Appellant Versus Dhondiba Gopala Kadlag (Deceased) by heirs: 1A. Tukaram Dhondiba Kadlag and others. ... Respondents Mr. V.Z. Kankaria for the appellant. Mr. R.M. Haridas with Mr. P.N. Joshi for the respndents. CORAM : J.N. PATEL, ACTING C.J. & B.R. GAVAI, J. DATED : 4TH FEBRUARY, 2010 P.C. The appeal challenges the order passed by the learned Single Judge dated 31st July, 2009 thereby rejecting the application filed by the present appellant for condonation of delay in filing the application for restoration of the petition. 2. The learned Judge has reproduced the dates in the order which are self-explanatory. In the petition, the petitioner has challenged the order dated 30th November, 2001 passed by the trial court, dismissing the application for amendment. The said petition was dismissed for want of prosecution on 19th July, 2004. The application for restoration of the said petition alongwith an application for condonation of delay came to be filed after a period of five years. The learned Single Judge has found that no sufficient cause was shown for condoning the delay of five years. 3. The matter for condonation of delay is within the discretion of the Judge. We do not find the discretion exercised by the learned Single Judge in rejecting the application for condonation of delay wherein delay was more than five years has been improperly or illegally exercised. As such, no case is made out for interference. Dismissed. ACTING CHIEF JUSTICE B.R. GAVAI, J.