1 wp838.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 838 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. K.B. Jadhavar, Advocate for the petitioners. Mr.S.J. Salunke, Advocate for respondent nos. 1 and 2. CORAM : B.P. DHARMADHIKARI, J. DATE : 13TH APRIL, 2011 Heard. Advocate Mr. Salunke for respondent nos. 1 and 2-plaintiffs has no objection, if written statement is allowed to be taken on record subject to petitioners paying cost of Rs. 25,000/- to the respondents. Learned counsel for petitioners state that such cost will be paid before the trial Court within a period of four weeks. 2. Perusal of impugned order shows that written statement was not taken on record as there was no explanation as to why other defendants namely the present petitioner nos.1, 3, 4 and 5 could not take effective steps to file written statement. Trial Court has not found anything wrong with the story that the 2 wp838.11 defendant no.2-Narsing was bedridden, though it found that no medical certificate as such was placed on record. 3. In view of the agreement between the parties, the petitioners shall deposit the cost of Rs. 25,000/- in the office of trial Court within a period of four weeks from today. If the cost is so deposited, the plaintiffs are free to withdraw the same. Subject to such deposit the impugned order dated 20.12.2010 is quashed and set aside. Written statement of the petitioners is directed to be taken on record. 4. If the costs are deposited and written statement taken on record, the trial Court shall attempt to decide the matter at the earliest. 5. Petition is thus allowed. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp838.11