IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2683 OF 2009 Pandurang Sommanna Sutar, Deceased through legal heirs and representatives : A.Smt.Bharati Pandurang Sutar & Ors. ...Petitioners V/s. Smt.Shamla Anandrao Khotlande & Ors....Respondents ...... Mr.Rahul P.Walwekar for Petitioners. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 12, 2009. MARCH 12, 2009. MARCH 12, 2009. P.C. 1. Heard Counsel for the Petitioners. 2. Having regard to the fact that the Defendants were allowed to amend the written statement and the effect of the said amendment is to withdraw the earlier application in respect of tenancy created in relation to C.S.No.2348 which is the suit property, the question of calling upon the : 2 : Defendants to lead evidence first, does not arise. The Court below has rightly observed that Rule 1 of Order XVIII of the Code of Civil Procedure is not available to the fact situation of the present case. Hence, dismissed. A.M.KHANWILKAR, J.