IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6503 OF 2008 Shri Tukaram Govind Gaikwad & Anr. ...Petitioners V/s. Shri Rajaram Govind Gaikwad & Ors. ...Respondents ...... Mr.Vilas B.Tapkir for Petitioners. Mr.Avinash V.Joshi for Respondents 1, 3 & 4. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 24, 2009. MARCH 24, 2009. MARCH 24, 2009. P.C. 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mr.Joshi waives notice for Respondents 1, 3 & 4. 3. As short question is involved, Petition is taken up for final disposal forthwith, by consent. 4. This Petition under Article 227 of the Constitution of India takes exception to the : 2 : Judgment and Order dated 29th July 2008 passed below Exhibit 35 in Special Civil Suit No.1290 of 2005 by the Civil Judge, Senior Division, Pune, rejecting the application preferred by the Petitioners to recall no written statement order and allow the Petitioners to file the written statement. The Court below has recorded that no sufficient cause has been made out, much less, exceptional circumstance to recall the no written statement order, which was passed as back as on 8th March 2006, whereas, the subject application has been filed only on 9th July 2008. The view so taken is just and proper and merits no interference in exercise of writ jurisdiction in the fact situation of the present case. I am in agreement with that view. 5. However, the request of the Petitioners before this Court is to permit the Petitioners to file purshis before the Trial Court so that the Petitioners can be permitted to treat the contents of the reply filed to oppose application for injunction Exhibit 5 as written statement with clear assurance and undertaking that no request for : 3 : amendment of written statement would be filed during the pendency of the trial or even at the later stage in appeal, revision or any further remedy. 6. Counsel for the Respondents agrees that if the Petitioners admit such self imposed restrictions, in the interest of justice, the Petitioners may be permitted to file the purshis but on condition that the Petitioners shall compensate Respondents/Plaintiffs for the delay and repeated adjournments. There is no difficulty in accepting the request of the Respondents in this behalf. This Petition is therefore disposed of on the basis of statement and assurance made by the Petitioners as recorded earlier allowing the Petitioners to file purshis before the Trial Court on the above terms which will have to be done within one week from today. Besides, the Petitioners shall pay cost to the Respondents quantified at Rs.7,500/- (Rupees Seven Thousand Five Hundred) within one week from today. That amount be deposited in the Trial Court which will be made over to the Respondents if formal : 4 : application in that behalf is made before the Trial Court. 7. Failure to comply with any of the above conditions, the indulgence shown by this order will stand withdrawn forthwith without further reference to the Court and instead, the order impugned in this Petition shall get revived. 8. Petition succeeds on the above terms. 9. The Suit pending before the Trial Court thereafter shall be expedited to be finally disposed of as High Court Expedited Case as per its turn. A.M.KHANWILKAR, J.