-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.5849 of 2007 1. Kashibai Narayan Patil and others ..Petitioners vs. 1. Raghunath Mahadeo Patil and others ..Respondents Smt.Priti Walimbe i/b Shri B.A.Walimbe for petitioners. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 11th March, 2008 11th March, 2008 11th March, 2008 P.C. P.C. P.C. 1. At the request of Mrs.Walimbe the name of respondent no.4 is deleted. The other respondents are duly served as per the office record. The Trial Court has rejected the application for recalling the order of "no written statement" and that is how the petitioners are aggrieved and have filed this writ petition. 2. Their application filed to recall the said order in paras 2 to 4 set out the reasons which constitute exceptional circumstances. The petitioners are defendant nos.1 to 3. They filed this application on 10th April, 2007. The order of "no written statement" was passed on -2- 16th August, 2006. The learned Trial Court has lost sight of the fact that even the original plaintiffs did not oppose the application seriously but urge that appropriate order with regard to the costs may be passed. 3. It is in such circumstances and considering that the suit was of the year 2006 that the Trial Court should have allowed the application. For the reasons that are stated in the application and considering the response of the original plaintiff the order under challenge is set aside. The petitioner shall file the written statement within a period of 15 days from today and pay the costs quantified at Rs.2000/- to the original plaintiff in the Trial Court. The suit thereafter to proceed in accordance with law. If no written statement is filed within this period, the impugned order stands and the writ petition is disposed of without any further reference to Court. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)