FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.8126 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr A.G.Damle, for the petitioners. CORAM: D.B.Bhosale,J. DATED: 05.02.2008 P.C.: Heard learned counsel for the petitioners. This writ petition is directed against the judgment and order dated 7.7.07, by which the appellate court has rejected Misc.Application No.12/07 filed by the petitioners for condonation of more than five years delay in filing the appeal against the judgment and decree dated 26.9.2001 passed in R.C.S.No.22 of 1998 by the trial Court. The suit was for partition and separate possession of the joint family property of all the parties to the suit. There is no dispute that the decree has already been executed and the parties have already been put in possession of their respective shares in accordance with the decree. I perused the impugned judgment and more particularly paragraphs 6 and 7 thereof. It is true that in the application the petitioners had named the advocate to whom they had entrusted papers to prefer an appeal against the impugned judgment and decree and the observation made by the learned Judge that specific name of the advocate was not mentioned in the application, is not correct. However, that by itself, is not sufficient to set aside the impugned judgment. There is absolutely nothing on record to show as to what follow-up action was taken by the petitioners from the date of entrusting papers to the advocate till the impugned judgment was passed and the instant application was filed. More than five years period has passed in between. Considering that and for the reasons recorded in the impugned judgments, in my opinion, no case for interference is made out by the petitioner. Hence, the writ petition is dismissed. (D.B.Bhosale, J.)