IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9128 OF 2007 Shri Shivaji Mahadeo Todkar & Anr. ...Petitioners V/s. Smt.Zubeda Munir Tamboli & Ors. ...Respondents ...... Mr.Parag Shelkar i/b Mr.T.D.Deshmukh for Petitioners. Mr.V.G.Peshwe for Respondents 4 & 5. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JANUARY 16, 2009. JANUARY 16, 2009. JANUARY 16, 2009. P.C. 1. Heard Counsel for the parties. 2. No fault can be found with the discretionary order passed by the Court below in the fact situation of the present case. Besides the reason noted by the Court below for rejecting the application, I find substance in the argument of the Respondents/Defendants that the suit was filed by Shivaji Mahadeo and Suvarna Developers together. The fact that the Power of Attorney : 2 : holder of the Plaintiff No.2 had gone on Amarnath Yatra and was unwell thereafter for a while, even if accepted as it is for the sake of argument, there is nothing on record as to what prevented the Plaintiff No,1 to take steps within period of limitation. Nowhere in the Application, it is stated that even Plaintiff No.1 was unaware about the order dated 18th June 2005. Even on this count, the ultimate conclusion reached by the Court below will have to be confirmed. Hence, this Petition fails. The same is dismissed. A.M.KHANWILKAR, J.