Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 2224 of 2009 Jeevan Dattatraya Patki & anr. ...Petitioners v/s. Hausabai Jagannath Pawar & ors. ...Respondents Mr. Saurabh M. Railkar for the petitioners. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : MARCH 05, 2009 : MARCH 05, 2009 : MARCH 05, 2009 P.C. . Heard Counsel for the Petitioner. 2. Going by the application as filed, no fault can be found with the conclusion of Court below that no sufficient cause much less exceptional circumstance has been brought on record by the Petitioners to condone delay of over three years in filing written-statement. 3. In so far as defendant no.10 is concerned, no written-statement order was passed as back as on 23-11-2001 and against defendant no. 11 on 10-2-2005. The question of permitting the said defendants to file written-statement unless exceptional circumstance is established does not arise. The facts stated in the Writ Petition are agitated for the first time before this Court which cannot be permitted. 2 4. The Petitioner, if so advised, may apply before the trial Court for appropriate relief which application will be decided on its own merits in accordance with law. 5. Petition disposed of on the above terms. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]