(1) WP. 2732.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2732 OF 2010 Sudhakar S/o Manikrao Kulkarni Age : 69 years, Occu.: Agril., R/o. Kamegaon, Tq. and Dist. Osmanabad .. Petitioner VERSUS 1] Vasant S/o Harischandra Shinde Age : 45 years, Occu.: Agril., R/o. Sangvi, Tq. and Dist. Osmanabad 2] Dileep S/o Narhari Kulkarni Age : 34 years, Occu.: Agri., R/o. Nagorga, Tq. Ausa, Dist. Latur 3] Kashinath S/o Maruti Narawde Age : 45, Occu.: Agri., R/o. Chincholi, Tq. and Dist. Osmanabad .. Respondents Mr. R.V. Naiknavre, Advocate for the Petitioner Mr. D.S. Kudle, Advocate h/f. Mr. P.G. Rodge, Advocate for the respondent no.1 ... CORAM : V.R. KINGAONKAR, J. DATED : 10TH JUNE, 2010 ORAL ORDER:- 1] Heard learned counsel. 2] By this Petition, the petitioner challenges the order dated 12.3.2010 passed by the learned Joint Civil Judge Senior Division, Osmanabad. By that (2) WP. 2732.2010 order, the petitioner’s application for allowing him to file written statement at belated stage came to be rejected. 3] It is pertinent to notice that the respondents had filed the suit for specific performance of agreement of sale. The petitioner is original defendant no.1. The respondent nos. 2 and 3 are the other defendants. They are the subsequent purchasers and have filed their written statement. The petitioner is original owner of the land in question. He failed to file his written statement till date of his appearance in 2001. The delay of about 9 years was caused in making request for leave to file the written statement. The application (exhibit 86) purports to show that due to old age and illness the petitioner was unable to file the written statement. Not a single medical certificate was filed alongwith the application. The age of the petitioner is now shown to be of 69 years. It does mean that he was aged about 59-60 years when the suit was filed. So, a man of about 60 years could have filed written statement within a reasonable time and old age could not be a hurdle in taking such steps. The petitioner does not appear to be suffering from any serious physical infirmity. His is not a case of dotage. (3) WP. 2732.2010 4] Considering these aspects, after 9 years, denial of permission to file the written statement is legal and proper. No interference is called. Writ Petition stands dismissed. Sd/- [V.R. KINGAONKAR, J.] arp