1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3411 OF 2010 Balbhim s/o Madhavrao Dive & another .. PETITIONERS VERSUS Uttam s/o Madhavrao Dive & others .. RESPONDENTS Mr. Milind Patil, Advocate for the petitioners. ===== CORAM : R. M. BORDE, J. DATE : 20 th APRIL, 2010. PER COURT : 1 Application exh. 50 tendered by defendant nos. 1, 2, 5 and 6 requesting the court to set aside the ‘No WS’ order has been allowed by the trial court and the trial court permitted acceptance of the written statement subject to payment of cost of Rs.1,000/-. It is contended by learned counsel for the petitioners that earlier application presented for the same purpose 2 was not pressed by some of the defendants and as such, it was not permissible for the trial court to permit said defendants to present their written statement. Objection is also raised to the order of setting aside order passed earlier to proceed ex-parte against original defendant nos. 3 and 4. Trial court on consideration of the application presented by the concerned defendants, has set aside the earlier order subject to payment of cost of Rs. 300/-. 2 I have perused the order passed by the court below. Suit is presented in the year 2009. Plaintiffs have claimed decree of perpetual injunction against the defendants. Plaintiffs and defendants appear to be closely related with each other and belonging to the same family. Considering the nature of litigation, trial court has shown indulgence and permitted the defendants to present their written statement. As the question involved is in respect of entitlement to immovable property, I am of the view that the court shall make an endeavour to decide the matter on its own merits. In exercise of extra ordinary jurisdiction under Article 227 of the Constitution, no interference is called for in the orders under challenge which are passed for advancement of the cause of justice. Petition is devoid of substance hence stands rejected. 3 3 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp3411.10.odt