1 WP NO.3518/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3518 OF 2011 JIJABAI BABANRAO SABLE AND ORS VERSUS SUVARNA VIJAY BORUDE AND ORS ------------------------------------------------------------------ Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.N.V.Gavare, Adv., for the petitioners. Mr. V.D.Hon, Adv., for respondent nos. 1 and 2. ... CORAM: K.U.CHANDIWAL, J. DATE:NOVEMBER 22nd, 2011 1. Heard learned Counsel for the writ petitioner. 2. In RCS No.16/2009, delay on the part of the petitioner to tender written statement has invited an action of no written statement and the learned Judge has directed to proceed with the suit. I do not see any fault on the part of the learned Judge in such exercise, as the dilatory tactics adopted by the petitioner were noticed, and the matter was protracted for no reason. 3. However, considering the issues involved in the matter, raising rights and assertions in immovable property, 2 WP NO.3518/2011 seeking partition and separate possession, the situation demands that the petitioners are properly heard, and allowed to place their case under the legal frame. 4. Consequently, the petition is allowed on peculiar facts of the case, and the petitioner to cause their appearance and to tender the written statement before the learned Judge upto 15th Dec.,2011 in RCS No.16/2009. Petitioners to deposit an amount of Rs.10,000/- (Rs. ten thousand) as costs before the learned Civil Judge, Junior Division, Karjat, in RCS No.16/2009. (K.U.CHANDIWAL) JUDGE ... AGP/3518-11wp