1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6385 OF 2008 Sitaram Mainaji Shinde ..Petitioner. Vs. Babasaheb Ramchandra Shinde and others ..Respondents. .... Mr. R.P. Ojha for the Petitioner. Mr. S.S. Jani for Respondent No.1. Mr. A.R. Pandey for Respondent No.2. ..... CORAM: DR. D.Y. CHANDRACHUD, J. 18th September, 2008. P.C. : 1. Respondents 1 to 3 have instituted a suit against the Petitioner and the Fourth Respondent before the City Civil Court, (Short Cause Suit No.5475 of 2005). The writ of summons was served on 14th February, 2006. A Notice of Motion was taken out, (Notice of Motion 525 of 2008) for several reliefs including among them the condonation of delay in filing the written statement and taking the written statement on the record. The Learned Trial judge by his order dated 20th August, 2008 dismissed the Notice of Motion. The other reliefs that were sought in the Notice of Motion were to the effect that the suit be dismissed on the ground of res 2 judicata and that a preliminary issue be framed in respect of the jurisdiction of the City Civil Court. The Learned Trial Judge was of the view that sufficient cause has not been shown for condoning the delay in filing the written statement; that the question of res judicata is a mixed question of law and fact and no question would arise of framing a preliminary issue as to jurisdiction if the written statement has not been filed. 2. At the hearing of the Writ Petition Counsel appearing for the Petitioner has only pressed the prayer for condoning the delay in filing the written statement and for taking the written statement on the record. Fairly at the hearing of the Petition, counsel appearing for the original Plaintiffs (Respondents 1, 2 and 3 ) has consented to the written statement being taken on the record subject to the payment of costs. Having regard to the interests of justice, and the fair attitude which has been shown by the Plaintiffs, the delay in filing the written statement is condoned, subject to the payment of costs quantified at Rs.5,000/- which shall be a condition precedent. Costs to be paid within a period of four weeks from today. The written statement shall be taken on the record subject to due verification that the costs as directed have been 3 paid. Insofar as the other prayers are concerned, the parties have agreed that this Court need not express any opinion thereon since it would be open to the Petitioner to raise all appropriate contentions in that regard at the appropriate stage at the trial of the suit. The Petition is accordingly disposed of. *****