IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WP/6625/2010 ASHOK SHALIKRAM JAISWAL AND ANR V/S SATYANARAYAN ROOPLAL JAISWAL AND ORS ... Smt. Vanita Patil, Advocate h/f Shri H.S.Surve, Advocate for petitioners, Shri S.R.Deshpande, Advocate for respondent No.1 and Shri H.P.Jadhav, Advocate for respondents 3 to 5. ... CORAM : B.P. DHARMADHIKARI,J. Dated : April 15, 2011 PER COURT :- 1. The matter was passed over on earlier occasion though Advocate Shri S.R.Deshpande was present for respondent No.1. 2. Matter is called out again. Smt. Vanita Patil, learned Advocate appears for Shri H.S.Surve, Advocate for petitioners and states that Advocate Shri Surve has filed a leave note. She seeks time of two weeks, as according to her, leave note is for two weeks. Court Shirastedar informs that there is no leave note of Shri Surve on record. 3. In the circumstances, I have considered the matter on merits. The trial Court has rejected the application under Section 10 of the Code of Civil Procedure after noticing that the petitioners/defendants have not filed written statement and the parties in both the matters were different. I see no jurisdictional error in the said order. 4. In the result, Writ Petition is dismissed. No order as to costs. ( B.P. DHARMADHIKARI, J.) ... akl