IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7236 OF 2008 Dhondu J. Chavan ...Petitioner V/s. Devendra Y. Chavan ...Respondent Mr.Rakesh Bhatkar for the petitioner. Mrs.Deepa Chavan i/by Mr.V.B. Chavan for respondent No.1. CORAM : J.P. DEVADHAR, J. DATED : 4TH MAY, 2009. P.C. : 1. Heard. Rule. Rule made returnable forthwith by consent of both the parties. 2. This writ petition is filed to challenge the order passed by the trial Court on 1-7-2008, whereby the application filed by the petitioner for setting aside the No W.S. order dated 14-10-2005 has been rejected. 3. In the suit for injunction filed by the respondent, the petitioner had not filed written statement in spite of several opportunities given. Therefore, ‘No W.S.’ order was passed on 14-10-2005. 4. On 23-1-2008, an application was made for setting aside the order dated 14-10-2005 seeking condonation of delay on the ground of ill-health. The said application was dismissed by the impugned order dated 1-7-2008. 5. I have heard the learned counsel for both the sides. No doubt, as pointed out by the learned counsel for respondent, that the ground of ill-health given in the application is totally incorrect because, from the documents annexed to the affidavit in reply, it is seen that the petitioner was attending the other Court matters pending before the Trial Court, and therefore, the reasons given for condonation are wholly unacceptable. 6. In this view of the matter, the finding recorded by the trial Court cannot be faulted. However, in the facts and circumstances of the case, in my view, the interest of justice would be met by passing the following order : a) The impugned orders dated 14-10-2005 and 1-7-2008 are quashed and set aside, subject to petitioners paying a sum of Rs.5,000/- to the respondent as costs of this petition within a period of two weeks from today. Payment of cost shall be condition precedent. b) Subject to the above condition, the petitioner shall file his written statement within a period of eight weeks from today. 7. The writ petition is disposed of in the above terms. (J.P. Devadhar, J.)