1 FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.531 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Shri. R.B. Deshmukh , Advocate for petitioner (Absent). Shri. V.H. Dighe, A.G.P. for respondents. CORAM: V.C. DAGA & A.V. POTDAR, JJ. DATED: 13th JULY 2009 P.C.: 1. None for the petitioner at even second call. The dismissal of the petition in default invariably results in moving motion for restoration. It creates strain on the registry. It does not serve the interest of justice. 2. In the above circumstances, we went through the petition so as to consider and decide it on its own merit. 3. After having gone through the petition, we find that the cause of action for petition arose in the month of October 2005 whereas this petition is filed in the month of December 2008. The petition thus suffers from delay and latches. 2 4. Apart from the above, the scheme under which compassionate appointment is being claimed has neither been disclosed nor placed on record. Thus, the petition is liable to be dismissed on the ground of latches as well as for want of material facts and particulars in support of claim made. In the result, petition is dismissed in liminie with no order as to costs. [A.V. POTDAR, J.] [ V.C. DAGA, J.] ssc/wp531.09