( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7323 OF 2010 Machhindra s/o. Ananda Varpe & Anr. .. Petitioners Versus Shankar s/o. Ananda Varpe .. Respondent Mr. S.T. Shelke, Advocate for the petitioners. CORAM : V.R. KINGAONKAR, J. DATED : 16.08.2010 P.C. :- 1. Heard learned Counsel. The earlier application seeking permission to file written statement was rejected by the Court, though copy of written statement was filed. The order rejecting such application, filed vide Exh. 14, was rendered on 30.10.2007. Still, however, since then for about three years, no action was taken, nor that order ever challenged by the present petitioners/defendants. What they did after three years was to file an application seeking setting aside of the order to proceed without written statement. In-fact, there is no stage of passing order to ( 2 ) proceed without written statement, nor such order was rendered. The Code of Civil Procedure does not envisage any specific order from the Court to proceed without written statement. Consequently, there was no question of setting aside such order and after three years by such trick the earlier order could not be up-setted in this fashion. Therefore, the impugned order does not appear to be arbitrary. Nor it can be termed as perverse. Petition dismissed. [V.R. KINGAONKAR,J.] snk/2010/AUG10/wp7323.10