1 WP-9390.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9390 OF 2011 Shri Sonu Krishna Gawade Since Deceased Through Legal Heirs Smt.Laxmi Sonu Gawade : Petitioner. versus The State of Maharashtra Through 'District Collector, Raigad and ors. : Respondents. Mr.S M Oak with Mr.Sagar Joshi for the Petitioner. Mr.S D Rayrikar, AGP, for Respondent Nos.1 to 4. CORAM : R M SAVANT, J. DATE : 14th November 2011 P.C. 1 The above Petition takes exception to the order dated 12/9/2011 passed by the learned Civil Judge, Senior Division, Alibag by which order the application filed by the Respondent Nos.1 to 4 herein i.e. the State and the officers for condonation of delay in filing the written statement came to be allowed and resultantly, the said Defendants were allowed to file their written statement. In the application, the reasons why the said Defendants could not file their written statement have been mentioned. Primarily the ground made out is that in collecting the documents some time has elapsed which has resultantly caused delay in filing the written statement. The trial Court found the said reasons worthy of acceptance in the light of the settled position that provisions of Order VIII, Rule 1 of the Code of Civil Procedure are directory and not mandatory and for good reasons delay in filing written statement can be condoned. The application filed by the Defendants was allowed. It is required to be noted that the maintainability of the suit challenging the 2 WP-9390.11.sxw acquisition proceedings is itself questionable. The order impugned, in my view, in the aforesaid facts and circumstances, cannot be faulted with. No case for interdiction is made. The above Petition is accordingly dismissed. [R.M.SAVANT, J]