kbp 1 1684-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1684 OF 2009 Savitri Sitaram Jadhav ..Petitioners Vs. Sitaram Gumanna Jadhav through legal heirs. ..Respondents ......... Mr.Satyajit Lagade, for petitioner. Mr.Umesh Mankapure, for respondent nos.1­A, 1­B and 3. ......... CORAM : A.S.OKA, J.. DATE : 23 rd SEPTEMBER, 2009. P.C. : 1] Heard the learned counsel for the petitioner. 2] By the impugned order which is challenged by filing this Writ Petition under Article 227 of the Constitution of India, the Trial Court has permitted the defendant nos.2, 3 and 5 to file written statement subject to payment of cost. The learned counsel for the petitioner submitted that the impugned order is illegal as the same is in contravention of Rule 1 Order VIII of the Code of Civil Procedure, 1908. He, therefore, submitted that the trial Court could not have taken a liberal view by permitting the written statement to be filed after lapse of five years. 2] The petitioner has invoked extra ordinary jurisdiction under 227 of the Constitution of India. The power of superintendence is not akeen to appellate power. The effect of impugned order is that the defendant Nos.2, 3 and 5 have been permitted to defend the suit by fixing a written statement. This is not an kbp 2 1684-09.sxw order which can be upset in writ jurisdiction under Article 227 of the Constitution of India. 3] Writ Petition is rejected. Considering the peculiar circumstances, the petitioner is permitted to withdraw a sum of Rs.7,500/­ deposited by him in this Court. ( A.S.OKA, J. )