1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5570 OF 2008 WITH CIVIL APPLICATION NO.1209 OF 2008 Gopal Sitaram Jadhav(deceased) through His heirs & L.Rs. & Ors. ..Petitioners. V/s. Smt.Yashodabai P. Jadhav. ..Respondent. Mr.B.A.Lawate i/b. R.V.Bansode for petitioners. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 5, 2008. DATE : AUGUST 5, 2008. DATE : AUGUST 5, 2008. P.C. : P.C. : P.C. : 1. This matter was listed on 29th July, 2008, when it was ordered to be listed today under caption "kept back cases". In matters listed under caption "kept back cases" it is notified on the board itself that no request for adjournment or keeping back the matter is entertained on the respective assigned date. Inspite of that, request for keeping back the matter is made by the Counsel for the Petitioners. Accordingly, that request is rejected. The learned Advocate for the Petitioners is called upon to address the Court for admission of the Writ Petition. 2. Heard Counsel for the Petitioners. Perused 2 the relevant pleadings on record. 3. I am in agreement with the opinion recorded by the Court below that the delay of two years is intentional delay. No sufficient explanation is forthcoming. In fact, the explanation given by the Petitioners is unacceptable. The delay is not only at the stage of proceedings before the lower Court, but there is absolutely no reason forthcoming as to what prevented the Petitioners to challenge the Order, which is now impugned in the present Petition after lapse of almost over two years. Inasmuch as the impugned Order is dated 14th September, 2005, whereas, the present Petition is filed on 6th December, 2007. Hence, no discretion can be shown in favour of such litigant. 4. Accordingly, Petition as well as Civil Application is dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)