IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7074/2008 Shri.Suresh Yadav Petitioner Vs. Shri.Vishwanath Deokar & Ors. Respondents Mr.S.S.Kanetkar for the petitioner None for the respondents Coram : Anoop V.Mohta,J. Date : 16th October,2008. P.C. 1] The petitioner has challenged the order of the Trial Court Judge whereby he has condoned the delay and allowed defendant no.22 and defendant no.15 and 17 to file their written statement.The suit is of 2007.The suit is for specific performance. The defendants are the persons interested in the property, as well as in the litigation . 2] As per the say of defendant no.22 he could not file written statement for want of papers ,Exh.3, which were not given by the plaintiff .The Court has considered even otherwise the controversies in the suit and observed that for proper adjudication it is necessary to give opportunity to all the contestants to adjudicate the matter finally. Therefore, in the 2 interest of justice the said application was allowed. 3] Defendant nos.15 and 17 are the brothers of other defendants .Some of them have already filed the written statement. They are the necessary parties. An opportunity, therefore,cannot be denied to them. It is also observed that the matter was also adjourned for some time for settlement .But ultimately they filed this application. The learned Judge, therefore,considering the nature of the suit and to give opportunity to the parties granted this application. 4] Even otherwise the contesting defendants if file their written statement and contest the matter on all the grounds as early as possible and the Court should adjudicate this issue,it will be in the interest of both the parties that full opportunity is given to all the defendants . Otherwise for want of written statement or for want of opportunity itself in the given case at later stage the Court interferes and passes such order.Therefore, in the interest of justice and also for the above reasons the petition is dismissed. (Anoop V.Mohta,J.)