1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 604/2011 (Ravindra Parasram Adghulkar & others VERSUS Rajendra Parasram Adghulkar & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.B. Naidu, counsel for the petitioners. Shri A.S. Chandurkar with Shri H. Dhumale, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 19 , 2011 . Heard. On perusal of the averments in the petition, it appears that an opportunity needs to be granted to the petitioners for filing an appropriate application before the trial Court for permission to file the written statement on record by setting aside the order of “No Written Statement” as it prima-facie appears from a perusal of the application at Exhibit 15 that it is filed by the counsel for the petitioners and not by the petitioners. Prima-facie, there appears to be some substance in the averments made in the petition and, hence, it would be necessary to grant an opportunity to the petitioners to file an appropriate application before the trial Court for permission to file the written statement on record in view of the law laid down by this Court in the judgment reported in AIR 2007 Bombay 7 (Miguel Caetano Francisco & another Versus Mrs. Ana Anuniciacao Fernandes & others). Hence, though the learned counsel for the respondents supports the impugned order dated 22.04.2010, the same is quashed and set aside and liberty is granted to the 2 petitioners to file an appropriate application before the trial Court for permission to file the written statement on record by setting aside the 'No Written Statement' order. The petitioners undertake to file the appropriate application before the trial Court within a period of Fifteen days from the date of this order. The trial Court should consider the application filed by the petitioners on its merits and not get influenced by the observations made by this Court in this order. The petition stands disposed of in the aforesaid terms. JUDGE APTE