IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE WRIT PETITION NO. 5801 OF 200 WRIT PETITION NO. 5801 OF 200 WRIT PETITION NO. 5801 OF 2007 Sisodia Canning Pvt. Ltd. & ors.... Petitioner versus Smt. Jamila w/o K.M.Yusuf & ors....... Respondent. Mr. R.J.Majra i/b M.G.Gawde for the petitioner CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 10TH OCTOBER, 2007 DATED; 10TH OCTOBER, 2007 DATED; 10TH OCTOBER, 2007 P.C.; P.C.; P.C.; 1. The plaintiff had instituted a suit against the present petitioner nos. 2 to 5 in the year 1996. During pendency of the suit sometime in the year 2006 the petitioners 2 to 5 (original owners of the property) sold the property to the petitioner no.1. The petitioner no.1 moved an application under Order 1 Rule 10 for his impleadment as party defendant. The trial court allowed the application and impleaded the present petitioner no.1 as defendant no.6. By the time, the petitioner no.1 was impleaded as party defendant, the plaintiff’s evidence was over and the defendant’s evidence was also closed and the matter was fixed for final argument. At that belated stage, the petitioner no.1 moved an application seeking permission to file written statement. That application came to be rejected by the trial court on the premise that the present petitioner no.1 stands in the shoes of vendor and as the vendor had already filed written statement, there is no need for the present petitioner no.1 to file written statement or additional written statement. The learned counsel for the petitioner informes that the suit is now fixed for final argument tomarrow. In this view of the matter, I do not propose to interfere with the impugned order at this stage. Leaving all questions raised in the present petition, open for being agitated in the regular Civil Appeal, if and in case a decree is passed against the present petitioner, Writ Petition is summarily dismissed. ....