1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2559 OF 2010 Usman Gani Ramzan Momin .. Petitioner versus Mohammad Shabir & Ors. .. Respondents Mr.Sachin U. Dhakephalkar for the petitioner. CORAM : A.S.OKA, J. DATE : 5th May 2010. P.C.: . The petitioner is the appellant in an appeal filed before the District Court. The appeal was dismissed in default on 22nd October 1993. Thereafter, the petitioner applied for setting aside the said order and for re- admission of the appeal. By the impugned order, the application for condonation of delay in filing the application for restoration of the appeal has been dismissed. 2. In the impugned order, the learned District Judge has observed that on the very day on which order of dismissal of the appeal was passed by the District Court, an application for re-admission of the appeal was filed. The said application was entertained by the Court and notice was issued. On 20th January 1994, the said application was disposed of as not pressed by the advocate for the petitioner. Thereafter, the present application was filed on 2 27th January 1994. In the said application filed subsequently it is not disclosed that earlier application for re-admission of the appeal was filed and was not pressed. In the circumstances, the District Court has declined to condone the delay. The learned counsel appearing for the petitioner submits that the earlier application was not pressed by the advocate concerned without the instructions of the petitioner. If that is so, it was for the petitioner to apply for restoration of the said application. 3. As the earlier application was not pressed, the learned Judge was justified in rejecting the application. No fault can be found with the discretionary order passed by the trial Court. Writ petition is rejected. (A.S.OKA,J)