1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2438 OF 2007 Shri Kailash Waman Devade ..Petitioner. V/s. Shri Radhesham R. Kadam & Ors. ..Respondents. Mr.S.M.Sabrad for petitoner. Mr.Santosh G. Maske i/b. Mr.A.G.Toraskar for Respondent No.1. Mr.S.M.Gorwadkar for Respondent No.3. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 17, 2009. DATE : JANUARY 17, 2009. DATE : JANUARY 17, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. I see no basis to overturn the discretionary order passed by the Court below. It is not the case of the Petitioner that matter went by default because of the advocate who was appearing for the Petitioner before the lower Court. The delay in taking out restoration application is over 5 years. No satisfactory explanation is forthcoming. According to the Petitioner, Petitioner was misled because of the assurance given by the Respondent No.2 that decree will not be executed. That ground has no 2 relevance with the default committed for over five years in not filing restoration application in time. In my opinion, no indulgence can be shown in the fact situation of the present case and the Court below has rightly rejected the restoration application. Dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)