1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8039 OF 2008 Shri Ajay Balkrishna Rathi ... Petitioner v/s National Co-op. Housing Society ... Respondent Mr.A.P.Vanarase for the petitioner. Ms.Rupali Vijay Pawar for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 8TH JUNE, 2009 P. C.: 1. The petitioner has approached this Court contending that his revision application has wrongly been dismissed by the appellate Court by the order dated 6.10.2008. 2. The dispute filed by the respondent was dismissed on 6.7.2006 for non-prosecution. The respondent preferred an appeal which was dismissed as it was not maintainable. Thereafter the respondent filed an application for restoration of the dispute. That has been granted by the Trial Court. Aggrieved by this decision, the petitioner preferred a 2 revision application before the Co-operative Appellate Court. The Co-operative Appellate Court has rightly dismissed the revision application. The appeal which was filed by the respondent was not competent and, therefore, had been dismissed. The respondent therefore had sought restoration of the dispute which had been granted after condoning the delay. In my opinion, there is no need to interfere with the order impugned in the present petition under Article 227 of the Constitution of India. 3. Mr.Vanarase submits that only three adjournments can be granted in view of the amended Code of Civil Procedure under Order XVII of Rule 1. In my opinion, this submission cannot be accepted as it would always be within the discretion of the Court concerned whether to grant any adjournment. 4. Writ petition rejected. .....