1 WP No.4736/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4736 of 2010 Sadashiv Mahadev Metkari ... Petitioner versus Arvind Mahadev Metkari and ors. ... Respondents ... Mr. S.A. Rajeshirke for the petitioner. Mr.H.G. Wakshe for respondent no.1. CORAM : D.G. KARNIK, J DATED : 22nd June 2011 P.C. 1. Heard both sides. By consent, heard finally at the stage of admission itself. 2. This writ petition is filed by the original defendant. In a suit for partition, the petitioner defendant did not file written statement on time. “No WS order” was passed. On 14 July 2008, the “No WS order” was set aside subject to payment of costs before the next date. On the next date i.e. 28 July 2008, costs were not deposited. Even on the date thereafter i.e. 17 August 2008, the costs were not deposited. Thereafter, an application was made for permission to deposit the costs which was rejected. Petitioner is challenging the said order in this petition. 2 WP No.4736/10 3. The suit is for partition of the agricultural land which are more than 15 acres. The petitioner is in possession of the agricultural lands and has been enjoying the produce of such land for more than three years. In the circumstances, it would be appropriate to permit the petitioner defendant to deposit the costs subject to payment of compensatory and exemplary costs. In Ramchandra Dadu Magar Vs. Baba Damu Lawate (Writ Petition No.8068/09) decided on 8 December 2010, a Single Judge of this Court in similar circumstances has allowed the defendant to file written statement also subject to payment of exemplary costs. In the circumstances, petition is allowed. Written statement filed by the petitioner be taken on record subject to the petitioner depositing in the trial court a sum of Rs.25,000/- as costs within four weeks. In the event costs are not deposited within four weeks, petition shall stand dismissed. The original plaintiff is permitted to withdraw the costs when deposited. (D.G.KARNIK, J)