-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2415 OF 200 WRIT PETITION NO.2415 OF 200 WRIT PETITION NO.2415 OF 2007 Prabhakar Bhiva Patil, .. Petitioner. Vs Shridhar Dattatray Bapat, .. Respondent. Mr R.L.Majgaonkar, for the petitioner. Mr V.P. Dhavale, for the respondent. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. DATE : 26.02.08. DATE : 26.02.08. DATE : 26.02.08. PC: PC: PC: 1. Heard learned counsel for the parties. . Rule. Mr.Dhavale, learned counsel, waives service for the respondents. By consent, rule is made returnable forthwith and heard finally. 2. This petition is directed against an order dated 6.3.2007 passed by the trial Court rejecting the application at Exhibit-24 in Regular Civil Suit No.14 of 2006. The application at Exhibit-24 was filed by the petitioner for setting aside "NO WS" order. Admittedly, there was a delay of 163 days. Though, prima face, I do not find any fault with the observations made by the learned Judge, in order to give one more chance to the petitioner I am inclined to allow this writ petition. I am satisfied that the petitioner did not stand to benefit by not filing written statement within the time -2- stipulated under Order VIII, Rule 1 of the Code of Civil Procedure. In the present case, there is an interim order running against the petitioner. Learned counsel for the parties fairly stated that I need not record long reasons for disposing of this petition and they have agreed for the following order. . The impugned order dated 6.3.2007 is set aside. The application at Exhibit-24 is allowed. If the petitioner has not filed Written Statement so far he is allowed to file it within a period of two weeks from today, failing which the trial Court shall proceed with the hearing of the suit without Written Statement. The cost of Rs.3000/- deposited by the petitioner pursuant to an order dated 9.4.2007 is allowed to be withdrawn by the respondents. The trial Court shall endeavour to dispose of the suit on merits in accordance with law expeditiously. The writ petition is disposed of. (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.)