1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5310 OF 2008 Baliram Mohan Kale & Ors. .. Petitioners Versus Laxman Sadashiv Kale .. Respondent Mr.A.A.Joshi for the petitioners. Mr.S.S.Salunkhe for the respondent. CORAM : A.S.OKA, J. DATE : 26th August 2009. P.C.: . Heard learned counsel appearing for the parties. The learned counsel appearing for the petitioners states that by application made by the petitioners at Exhibit 57 a prayer was made for grant of permission to file written statement to the amended plaint. The amendment to the plaint was carried out on the basis of order passed on application at Exhibit 51. The learned counsel appearing for the respondent on instruction states that if the petitioners desire to file written statement confined only to the amendment carried out to the plaint, the 2 respondent has no objection for permitting the petitioners to file said written statement. 2. In view of the statements, petition is disposed of by passing the following order: : O R D E R : (a) The impugned order dated 23rd June 2008 is quashed and set aside. (b) The application at Exhibit 57 is allowed by permitting the petitioners to file written statement dealing with amendment carried out to the plaint. (c) There will be no orders as to costs. (A.S.OKA,J)