1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION No. 1385/2009 WITH WRIT PETITION NO. 4247/2009. ( Ajay Prabhakar Shembharkar -: versus :- Ramnarayan Chunnilal Vishswakarma and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 11, 2009. Heard Shri A.A. Kathane, learned counsel for applicant. For the reasons disclosed on affidavit, order dated 7.11.2009 is recalled and Writ Petition is restored back to file. He is heard on admission of Writ Petition. Contention is, as reply to Exh.5 was filed, written statement was not filed under the impression that first application for temporary injunction [Exh.5] would be decided. He states that when mistake was discovered, Pursis was filed to adopt that reply as written statement. The record show that petitioner was served on 11.03.2004 and period of 90 days had expired without filing any written statement. The Trial Court therefore proceeded without written statement on 12.08.2004. The Pursis filed 2 on 08.07.2004 was also rejected on 23.09.2004. Thereafter no steps were taken by the petitioner/defendant till 20.12.2007 and application for review came to be filed. The said application has been rejected on 26.02.2008. Thereafter this writ Petition has been filed on 17.08.2009. Thus, the conduct of petitioner itself show that he was not diligent at any stage of the proceedings. No case is made out warranting any interference in Writ Petition, the same is therefore, dismissed. However, liberty to petitioner to challenge all adverse orders after final adjudication in Civil Suit, if occasion therefor arise. No cost. JUDGE Rgd.