1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION WRIT PETITION NO. 6237 OF 2011 Shabbir Latif Bandidkar ...Petitioner Versus Kasam Ahmed Saheb Bandidkar & Others ...Respondents Ms.P.M.Bhansali for the Petitioner CORAM:- R.Y.GANOO, J. DATED:- 19th SEPTEMBER, 2011. P.C. 1. The petitioner is defendant in suit No.21 of 1999 in the Court of Civil Judge, Junior Division, Rajapur. In the said suit, the petitioner, as defendant no.1 did not file any written statement and after a period of 8 years the petitioner wanted to file written statement and application was made in that behalf. That application has been rejected by the learned Civil Judge, Junior Division, Rajapur, by Order dated 18.12.2010. That order has been challenged in this petition. The very fact that the delay is of 8 years itself is fatal to the 2 case of the petitioner. According to the petitioner, because Second Appeal No.574 of 1988 was pending in this Court, the petitioner was under the impression that Regular Civil Suit No.21 of 1999 is stayed and therefore there is no question of filing of written statement. 2. In my view, even if the petitioner could have laboured under the impression that the said suit is pending, nothing prevented the petitioner from making an application to the Court for taking written statement on record. The delay of 8 years is not property explained. The only explanation is as mentioned above. Same cannot be accepted. Order dated 18.12.2010 passed by the Civil Judge, Junior Division, Rajapur, needs no interference. The petition deserves to be dismissed at the stage of admission. Hence the Order. ORDER Petition is dismissed at the stage of admission. There shall be no order as to costs. (R.Y.GANOO, J.)