1 Wp no.4175/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4175 of 2010 Abdul Sattar Khajabhai Kalyani @ Shaikh ... Petitioner versus Tajoddin Khajabhai Kalyani @ Shaikh and ors. ... Respondents ... Mr.Sachin U. Dhakephalkar for the petitioner. Mr.Sameer A. Kumbhakoni for the respondents CORAM : D.G. KARNIK, J. DATED : 23rd July 2010 P.C. 1. Heard. 2. Petitioner challenges the order dated 25 February 2010 passed by the learned Adhoc District Judge­4 Solapur rejecting the petitioner’s application for permission to file written statement. Petitioner is the original defendant no.1. After service of suit summons, defendant no.1 appeared in the Court through lawyer but did not file the written statement. The Court therefore proceeded with the hearing of the suit without the written statement of the petitioner and passed a final 2 Wp no.4175/10 judgment. Thereafter, petitioner filed an appeal and in an appeal, made an application for permission to file written statement. Application was rejected and in my view, rightly so. The hands of the clock cannot be set back. Not only that the suit proceeded and was heard after passing of “No W.S. Order” but the suit has been decreed. The appeal has been filed and in which an application was made for permission to file written statement in the suit. If this request is granted it would set back the hands of the clock altogether and the entire trial would have to be reopened by setting aside the decree, which cannot be done. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK,J.)