SRJ 1 wp-9550-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.9550 OF 2009 Mandakini L. Nikam & Others .. Petitioners. V/s. Shaktikumar A. Patil & Others .. Respondents. Mr.Ranaware D.D., for the Petitioners. Mr. S.H.Yadav, for Respondent Nos. 1 and 2. CORAM :A.S.OKA,J. DATE :12th APRIL,2010 P.C.:- 1] Heard Learned Counsel appearing for the Petitioners and the Learned Counsel appearing for the Respondent Nos.1 and 2. In the suit filed by the Respondent Nos. 1 and 2, an order was passed against the Petitioners / Defendants that the suit will proceed without their Written Statement. An application at Exhibit 65 was made by the Petitioner on 22nd June, 2007, seeking extension of time to file Written Statement. By a detailed order dated 19th March, 2008 the said application was rejected by observing that order to proceed without Written Statement was passed on 24th August, 2006. It appears that instead of challenging the said order passed SRJ 2 wp-9550-09.sxw below Exhibit 65, the present Petitioner applied for review of the said order. The application for review was rejected by the Trial Court. By this Writ Petition, the Petitioners have challenged both the aforesaid orders. 2] The Learned Counsel appearing for the Petitioners on instructions of the Petitioners states that the Petitioners be permitted to adopt the reply filed by them at Exhibit 18 to the application at Exhibit 5 as their Written Statement. 3] It must be noted here that, the said reply appears to have been filed within 30 days of the date of the institution of the suit. This is a case where Petitioners contested the application for temporary injunction by filing the said reply. The Petitioners can be permitted to adopt the said reply as their Written Statement. In view of adoption of the said reply, the Written Statement of the Petitioner shall be deemed to have been filed on 25th October, 2005 when the said reply was filed. 4] Hence, the Petition is disposed of by passing following order:- (i) The order passed by the Trial Court to proceed without Written Statement of the Petitioners is quashed and set aside and the Petitioners are permitted to adopt the reply at Exhibit 18 as their Written Statement. SRJ 3 wp-9550-09.sxw (ii) Trial Court shall proceed to frame issue on the basis of the Written Statement. (iii) The 1st and 2nd Respondents are permitted to withdraw a sum of Rs.5,000/- deposited in this Court by way of costs. (iv) The Petition is allowed in above terms. (A.S.OKA,J.)