1 WP No.10313/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10313 of 2010 Jagannath Maruti Kadam ... Petitioner versus Sanjay Shrirang Kadam ... Respondent ... Mr.Mahindra Deshmukh for the petitioner. Mr.Prashant Jadhav for the respondent CORAM : D.G. KARNIK, J DATED : 14th June 2011 P.C. 1. Heard learned counsel for the petitioner. 2. Petitioner challenges the order dated 9 April 2010 passed by the trial court rejecting the application of the petitioner (defendant no.2) for setting aside the “no WS order” and for permission to file written statement. Suit was filed in the year 1984. After granting sufficient opportunity to the petitioner, after 11 years of the filing of the suit i.e. On 17 January 1995, the court rejected the application of the petitioner – defendant no.20 for time to file the written statement and passws an order directing the suit to proceed without the written statement. Fifteen years thereafter, i.e. on 27 October 2 WP No.10313/10 2010, the petitioner – defendant no.20 applied for setting aside of the “no WS order” and for permission to file the written statement. The only ground given by the petitioner in the application was that he was required to search the old papers and therefore, he could not file the written statement earlier. When asked, counsel for the petitioner submitted that petitioner found the papers couple of months after January 1995. That means, the papers were found in or about March 1995. The delay between March 1995 and October 2010 is not at all explained. In my view, this is an attempt by the defendants to delay the trial of the suit which is already more than 25 years old. There is no merit in the writ petition which is rejected summarily. (D.G.KARNIK, J)