1 W.P.No8152/11 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.8152 OF 2011. Sanjay S/o Shivram Wadane, Age 35 years, Occ.Agri., R/o Village Kumbhari,Tq. Tuljapur, Dist.Osmanabad. ... Petitioner. Versus 1. Bhagwan S/o Narsu Wadane, Age 70 years, Occ.Agri., R/o Village Kumbhari, Tq. Tuljapur, Dist.Osmanabad. 2. Anis Gafoor Shaikh, Age 50 years, Occ.Agri., R/o as above. 3. Abhiman S/o Bhairu Wadane, Age 50 years, Occ.Agri., R/o as above. 4. Yedappa S/o Bhaurao Wadane, Age 30 years, Occ.Agri., R/o as above. ... Respondents. ... Mr.P.K.Deshmukh, advocate for the petitioner Mr.K.K.Kulkarni, advocate for Respondent No.1. ... 2 W.P.No8152/11 CORAM : S.V.GANGAPURWALA,J. Date : 02.12.2011. ORAL JUDGMENT : 1. Heard. 2. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing. 3. The present Respondent No.1 has filed a suit for declaration of ownership and possession. The petitioner is the original defendant No.2, was served with the suit summons but however, the petitioner did not file the Written Statement within the stipulated period. The trial Court on 7.6.2011, passed an order of No Written Statement. Thereafter, the petitioner filed an application Exh.16 for acceptance of the Written Statement and setting aside No Written Statement order. The said application is rejected. Aggrieved thereby, the present petition is filed. 4. Mr.K.K.Kulkarni, learned counsel for 3 W.P.No8152/11 the Respondent NO.1/plaintiff vehemently opposes the petition and submits that the petitioner is duty bound to file the Written Statement within 30 days from the date of service of the summons and for reasons to be given, the time can be extended to 90 days. In the present case, the petitioner deliberately and willfully did not file the Written Statement. The learned counsel submits that the Court has passed proper order. 5. It would be seen that the suit is filed in January 2011 and thereafter, the summons were issued and the defendants appeared in the matter. The Written Statement was filed along with the application on 21.7.2011. It would be seen that it is not a case of inordinate delay. The petitioner had stated that there was some confusion regarding the date given and as such Written Statement could not be filed. 6. Be that as it may, the dispute relates to immovable property. In such circumstances, it would be in the fitness of things to get the matter adjudicated on merits. At the same time, 4 W.P.No8152/11 the petitioner also deserves to be mulct for the delay. 7. In view of the above, I pass the following order : (a) The impugned order is quashed and set aside. Rule is made absolute in terms of prayer clause (C) on condition that the petitioner pays cost of Rs.1,000/-(Rupees one thousand) to the plaintiff within a period of three (3) weeks from today. (S.V.GANGAPURWALA,J.) asp/office/wp815211