{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3524 OF 2009 Gopinath Rangnath Wagh PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS ....... Mr.Darshan Kulkarni, Advocate for petitioner (Absent) Mr.K.B.Chaudhari, Addl.G.P. for respondents No.1 and 2 ....... [CORAM : V.C.DAGA, J. and A.V.POTDAR, J.] DATE : 17th July 2009 PER COURT: 1. None for the petitioner, even at third call. The dismissal of the petition in default would not serve the ends of justice, as it invariably results in moving application for restoration which creates strain on the registry. Hence, we propose to decide it on its own merits. Having gone through the petition, we found that the cause of action for the petitioner was in the year 1999, whereas the petitioner has filed the present petition in the year 2009, practically after expiry of 10 years. In this view of the matter, the petition is dismissed on the ground of latches and unexplained delay. No order as to costs. [A.V.POTDAR, J.] [V.C.DAGA, J.] drp/wp3524-09