1 wp8250-11.sxw jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8250 OF 2010 Bhalchandra K. Kini and others .. Petitioners Versus Jagrut N. Dave and others .. Respondents Mr. Satyajeet M. Mirajkar the Petitioner CORAM: R. M. BORDE, J. DATED : 22nd August, 2011 P. C. 1. Heard the learned counsel appearing for the parties. 2. The order passed by the trial Court below Ex.114 permitting the defendant no.1 to tender written statement on record subject to cost of Rs. 3000/- and setting aside the "no written statement" order passed by the court earlier, is a subject matter of challenge in this petition. 3. The trial Court, considering the application tendered by the defendant no.1, permitted him to tender 2 wp8250-11.sxw written statement by condoning the delay in presenting the application for setting aside the ex-parte order of "no written statement", passed earlier. The order was passed by the trial Court subject to payment of Cost of Rs.3000/- which has caused inconvenience to the plaintiff. 4. In my opinion, this is not a fit case for causing interference under Article 227 of the Constitution of India. Therefore, the petition stands dismissed. 5. Considering the fact that the suit pertains to the year 2000, the trial Court is directed to decide the suit, as expeditiously as possible and preferably within 9 months from today. ( R. M. BORDE, J.)