1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5507 OF 2009 Katibullah Inayatullah ..Petitioner. Versus Babban Dhotre & Others ..Respondents. Mr.Walawalkar i/by Ajit Kenjal for the petitioner. Mr.Chirag Shah i/by J.J. Shah for the respondent. CORAM : J.P. DEVADHAR, J. DATE : 16TH JULY, 2009 P.C. : 1. Heard. Rule. By consent of both the parties, rule is made returnable forthwith. 2. This writ petition is filed against the order dated 17-06-2009 passed by the IInd Ad-hoc Additional District Judge dismissing the notice of motion taken out by the petitioner for vacating the No W.S. Order dated 4-3-2009. 3. By consent, the impugned order dated 17-6-2009 is quashed and set aside, subject to payment of cost of Rs.5,000/- to the respondent. The petitioner is directed to file written statement on or before 20-7-2009 before the trial Court. 4. Rule is made absolute in above terms with no order as to costs. (J.P. Devadhar, J.)