1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 117/2009 (Saraswatibai R. Chandekar vs. Moreshwar R. Chandekar and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : Shri S.R.DONGAONKAR, J. DATE : 16 th JANUARY, 2009 Heard Shri S.S.Murthy, Advocate, for the petitioner. The petitioner seeks to challenge the orders of 5th Joint Civil Judge, Senior Division, Nagpur. The first order that is challenged is dated 8.10.2008 by which he had allowed the defendants to file W.S. on record beyond 90 days and the other order of the same date by which he appointed respondent no.3 mother as a guardian of respondent no.2 – minor son, for defending the suit. Learned counsel for the petitioner has submitted that the W.S. was filed 9 days after the period of 90 days prescribed by Rules and therefore, it should not have been allowed to file. In my opinion, the period of 9 days is not such a large period calling upon refusal of W.S. on record. As regards appointment of Respondent no. 3 as a guardian of minor son – Respondent No.2, I do not find 2 anything on record to suggest that her interest is adverse to the interest of the minor. As such, such appointment cannot be treated as uncalled for. In these circumstances, there is no reason to interfere with the orders of the 5th Joint Civil Judge, Senior Division, Nagpur, in extra ordinary writ jurisdiction of this Court. As such, this petition is dismissed. The petitioner is stated to be of 67 years old. She may apply for expediting the hearing of the civil suit. The learned trial Court may consider the said request. JUDGE Rvjalit