bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 6683 OF 2008 PETITION NO. 6683 OF 2008 PETITION NO. 6683 OF 2008 Shri Ganpati Kallappa Chigare ... Petitioner v/s Shri Sudam Maruti Kamble & ors. ... Respondents Mr.S.G.Thorat for the petitioner. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 10TH NOVEMBER, 2008 10TH NOVEMBER, 2008 10TH NOVEMBER, 2008 P.C. P.C. P.C.: 1. The petition has been filed challenging the order dated 9.9.2008 refusing to vacate the earlier order dated 4.1.2008 and by which the written statement of the petitioner was not taken on record. The learned Judge has observed that there is no reason given by the petitioner to substantiate his application for setting aside the order dated 4.1.2008. It has also been held that it was a part-heard matter since the evidence of the claimant had already been closed. 2. As seen from the record, the order, "No W.S." was passed on 4.1.2008. An application for setting aside that order was made on 9.9.2008 i.e. the date on which 2 the evidence of the applicant was closed. The evidence had commenced from 24.6.2008. Even at that stage the petitioner made no application for setting aside the earlier order of 4.1.2008. 3. In my opinion, there is no reason to interfere with the impugned order. 4. Writ petition rejected.