1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4571 OF 2009 Akaram Gopal Patil .. Petitioner Versus Shankar Bhau Patil & Ors. .. Respondents Mr.S.R.Ganbavale for the petitioner. CORAM : A.S.OKA, J. DATE : 20th July 2009. P.C.: . The petitioner original plaintiff by filing this Writ Petition has challenged an order dated 24th November 2008 passed by the learned trial Judge by which application made by the 1st and 2nd defendants for setting aside an order to proceed with the suit without written statement has been allowed and the said defendants have been permitted to file written statement subject to payment of costs. 2. The learned counsel appearing for the petitioner submits that the impugned order is illegal. Considering the nature of the impugned order by which the 1st and 2nd defendants are 2 permitted to defend the suit, no interference is called for in writ jurisdiction. Petition is rejected. Hearing of the suit is expedited considering the fact that the petitioner is a senior citizen. (A.S.OKA,J)