1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7830 OF 2009 Vitthal Balaji Sakhare .. Petitioner versus Sau.Kaushalya Shashikant Sakhare & Ors. .. Respondents Mr.U.B.Nighot for the petitioner. CORAM : A.S.OKA, J. DATE : 17th September 2009. P.C.: . Heard learned counsel appearing for the petitioner who is the original plaintiff. By this writ petition under Article 227 of the Constitution of India, the challenge is to the order dated 21st February 2009 by which the trial Court has set aside the ex-parte order passed against the defendant Nos.1 to 6 and the written statement filed by them is ordered to be taken on record. 2. The learned counsel appearing for the petitioner submitted that the trial Court has committed a clear illegality and written statement has been permitted to be taken on record contrary to mandate of Rule 1 of Order VIII of the Code of Civil Procedure, 1908. He submitted that impugned order is patently illegal. 3. What is invoked by the petitioner is power of superintendence. In 2 exercise of power of superintendence, it is not necessary for this Court to interfere with each and every order on the ground that the same is erroneous. The net effect of the impugned order is that the defendant Nos.1 to 6 have been permitted to defend the suit by filing their written statement. This is not a case where extra-ordinary jurisdiction under Article 226 of the Constitution of India can be invoked. The writ petition is rejected. Hearing of the suit is expedited. (A.S.OKA,J)