1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1398 of 2009 IN WRIT PETITION NO. 1176 of 2007 Shri Hemant Vishnu Dhadphale ....Applicant v/s. Sou. Sunanda Bhavanrao Nadgouda Since deceased through the legal heirs Bhavanrao Venkatrao Nadgouda & ors. ....Respondents Shri P.M.Havnur, Advocate for the applicant. Shri S.G.Deshmukh, advocate for respondents 1 A to 1C. CORAM:- A.M.KHANWILKAR, J. DATED:- August 21, 2009. P.C. Heard Counsel for the parties. 2. This Application is opposed by the Respondent on the argument that the attempt of the applicant is to only protract the proceedings pending before the Lower Court. Be that as it may, this Court as back as on 21st August, 2008 while disposing of Writ Petition No. 1176/2007 gave liberty to the applicant to file fresh application if he so desired within four weeks from the date of the order. No amendment application was filed within the time so granted. The present application, however, has been filed only in January 2009. Moreover, 2 no steps were taken to move this application for appropriate orders. From the order-sheet it appears that for the first time circulation was taken on 11th June, 2009. Although, this by itself may not be relevant fact, even going by the cause mentioned in Paragraph 6 of the application, I have no hesitation in taking the view that the application is ill advised and request for further time to file application for amendment in terms of the liberty granted vide order dated 21st August, 2008 cannot be accepted. No details whatsoever are mentioned in the application as to during which period the applicant was unwell and the nature of illness, except the vague statement made that the applicant took steps to move the application only after he got over his ailment. 3. In the circumstances, this application is rejected. A.M.KHANWILKAR, J