mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5908 of 2008 Faiyaz A. Haji & ors. .. Petitioners versus Hausabai T. Warghade & ors. .. Respondents ... Mr.N.R. Bubna for the petitioner. CORAM : A.M.KHANWILKAR, J DATED : 22nd August 2008 P.C.: 1. No fault can be found with the approach of the court below which has refused to take written statement filed by the heirs of defendant no.4 on record on the ground that no written statement order was passed against defendant nos.1 to 5 as back as on 8th December 2006. 2. It is for this reason the petitioners have been advised to challenge the said order dated 8th December 2006 by way of present writ petition. However, no tangible reason is forthcoming as to what prevented the said defendant nos.1 to 5 to challenge the said order dated 8th December 2006 with utmost despatch. 2. It is not open to this court to overturn the order dated 8th December 2006 passed against defendant nos.1 to 5. That order was passed after sufficient time was given to the concerned defendants to file their written statement in a suit pending since 1999. No exceptional circumstance is made out as to why indulgence should be shown to the defendants at this belated stage. The consequences of non filing of written statement cannot be basis to hold that the defendants should be allowed to file written statement in the interest of justice as is sought to be contended by the petitioners. 3. Hence, dismissed. (A.M.KHANWILKAR,J)