1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION WRIT PETITION NO. 8137 OF 2011 Mugaji Narayan Bhagat & Another ...Petitioners Versus Sou. Usha Sunil Devru & Ors. ...Respondents Mr.Haribhau Deshinge i/b. Nitin Jadhav for the Petitioner Mr.T.D.Deshmukh for the Respondent CORAM:- R.Y.GANOO, J. DATED:- 19th SEPTEMBER, 2011. P.C. 1. The petitioners had remained absent in the Court of Learned Judge of the Small Causes at Pune, in Civil Suit No.487 of 2009, at the stage of recording of evidence and on 29.1.2008 and 22.2.2008 the learned Judge of the Court of Small Causes had passed an order “no cross” and “No evidence/evidence closed” against the present petitioners. The petitioners filed an application on 1.2.2010 i.e. practically after two years praying that the said order be set aside. 2 2. I have heard learned Advocate for the petitioners. The very fact that the application came to be filed after two years itself is fatal to the case of the petitioners. Learned Advocate for the petitioners contended that he had relied upon the Advocate and that is how the order of no cross came to be passed for no fault of his. I am no inclined to accept this submission. The delay occasioned in filing the application is fatal. The application rendered by the petitioners cannot be accepted. The petitioners have exhibited negligence in attending to the matter and as such the order dated 11.2.2010 passed by the Small Causes Court, Pune, does not require any interference. ORDER i. Petition is dismissed. ii. There shall be no order as to costs. (R.Y.GANOO, J.)