1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8109 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.P.S.Pawar, counsel for petitioner. CORAM : R.M.BORDE, J. DATE : 15/09/2010 1] An interlocutory order passed below Exh. 191 in Regular Civil Suit No.260/99 on 23/6/2010, permitting defendants 3 to 7 to place written statement on record, is subject matter of challenge in the instant Petition at the instance of plaintiff-petitioner. I have perused the application as well as impugned order passed by the trial Court. The suit presented by the petitioner-plaintiff is for claiming relief for partition and separate possession of the immovable property. Defendants 3 to 7 are the members of the family against whom relief of partition is sought. It further transpires that defendants 5 to 7 were minors and proceedings in respect 2 of appointment of guardian was pending adjudication. After the decision in relevant proceeding, an application was tendered for taking written statement on record. The trial Court has considered application alongwith application presented by respondents 3 and 4. Considering the reasons recorded in the order and considering the fact that the dispute relates to immovable property, I am of the view that the trial Court has adopted a proper approach in permitting the defendants to place written statement on record. Even otherwise, the suit is presented prior to enforcement of the Amending Act and as such, limitation imposed by virtue of the provisions of Amending Act, are not attracted in the instant matter. In exercise of powers under Article 227 of the Constitution of India, no interference is called for. Petition stands rejected. The trial Court is advised to decide the pending suit expeditiously. (R.M.BORDE,J.) umg/wp8109-10 3