ssm sm sm 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 CIVIL CIVIL CIVIL APPLICATION NO.2697 OF 2008 APPLICATION NO.2697 OF 2008 APPLICATION NO.2697 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO.3245 OF 1995 PETITION NO.3245 OF 1995 PETITION NO.3245 OF 1995 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Rahul S.Kate for the Applicant. Mr.N.P.Deshpande for Respondent Nos. 1 and 2. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 25th November, 2008. : 25th November, 2008. : 25th November, 2008. P.C. P.C. P.C. The Petitioner-Applicant has filed this Civil Application for restoration of Writ Petition, which was dismissed for default because of conditional order dated 29/01/2003. There is no justification whatsoever, given and apart from that, no sufficient reason is made out even on the basis of averments made or otherwise to condone the delay of more than 4 years and 56 days. The Writ Petition was filed against the order whereby, his application for condonation of delay in filing the ( 2 ) appeal was rejected and the execution is pending since the year 1995. Therefore, the Petitioner has filed this Writ Petition. The Court has issued notice and granted ad-interim relief also. Till 2003 for one reason or other, the notice to other Respondents could not be served. Therefore, conditional order as passed, rightly remained in force, as Petitioner again not complied with the same. All these deliberate attempt shows the total negligence and intention to delay the proceedings and basically the execution as filed in view of the decree already passed. 2. Taking all this into account, I see there is no case to interfere in any manner. The Civil Application is accordingly dismissed. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]