1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Application No.89 of 2008 In Letter Patent Appeal (St) No.24791 of 1998 Shri Babu Sitaram Dombe since deceased by his LRs. Smt.Anusaya Sitaram Dombe since deceased by her LRs. Sou Sakhubai Vithal Takate & anr. Applicants Vs. Shri Dattatray Sakharam Arvikar Respondent Mr.A.V.Anturkar with Mr.Sugandh Deshmukh for applicants. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. July 7, 2008 P.C. . Heard Mr.Anturkar, the learned counsel for the applicant, now represented through his LRs. This is an application for restoration of LPA (Stamp) No.24791 of 1998. . Writ Petition No.1731 of 1984 filed under Article 227 of the Constitution was decided by this Court (Single Bench) on 14/10/1997 and the Rule was made absolute in terms of prayer clause (a) and thus the order passed by the MRT came to be set aside by confirming the order passed by the SDO in Tenancy Case 2 No.54 of 1981. Admittedly the LPA was before the Division Bench on 8th December 2006 i.e. almost after eight years of its filing and the office objections were not removed. It came to be dismissed in default on or about 25th December 2006. This application for restoration has been filed on or about 10/10/2007. . The short question before us is whether the delay caused in filing this application should be condoned and LPA under Stamp No.24791 of 1998 should be restored. Admittedly Writ Petition NO.1731 of 1984 was filed under Article 227 of the Constitution and hence LPA was not, as it is, maintainable. We, therefore, do not find any justification to condone the delay in these obtaining circumstances. Consequently the application stands rejected. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)