1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.2060 OF 2007. Madhusudan S/o Dadarao Suryawanshi ... Petitioner. Versus Dr.Shankarrao S/o Bhimrao Suryawanshi and another ... Respondents. ... Mr.S.N.Boiwar, advocate for the petitioner. Respondents served - absent. ... CORAM : V.R.KINGAONKAR,J. Date : 22.06.2009. PER COURT 1. By this petition, the petitioner challenges orders rendered by the learned Civil Judge (S.D.),Omerga, in suit (RCS No.32/2005) rejecting his application (Exh.69), whereby his request to place his written statement on record 2 was rejected. 2. Heard Mr.S.N.Boiwar, learned advocate holding for Mr.M.A.Kandharkar, advocate for the petitioner. The impugned order shows that on 19.12.2002, the order was passed to proceed against the petitioner without his W.S. The suit was filed in 1995. The petitioner filed application after about five (5) years from date of the order to proceed against him without W.S. The five (5) years delay was not explained by him. It was not his case that summons was not served on him. He was well aware about progress of the suit in which the issues were drawn. Considering the explanation, the delay which is totally remained unexplained, the impugned order does not suffer from any perversity. The petition is dismissed. (V.R.KINGAONKAR,J.) asp/office/wp206007