Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 616 of 2009 Nutan Dattatray Shinde & anr. ..Petitioners V/s. Yuvraj Laxman Gadve & ors. ..Respondents Mr. S.M.Gorwadkar for the petitioners. Mr. G.S.Godbole for the respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 30TH JANUARY, 2009 : 30TH JANUARY, 2009 : 30TH JANUARY, 2009 P.C. . Heard Counsel for the parties. No fault can be found with the opinion recorded by the Trial Court that defendants 2(a) & 2(b) having failed to file written-statement in time or having got the time to file written-statement extended since 12/04/2008 when they were duly served, the written-statement now presented on 21st July, 2008 could not be taken on record. The Court below has rightly observed that written-statement of original defendant no.2 is already on record. It will be open to the petitioners to adopt the said written-statement by filing purshis, if so advised. 2. I am informed that the petitioners have already filed that purshis. Nothing more requires to be done at the instance of the petitioners. Counsel for the contesting respondents rightly points out that the 2 averments now made in the proposed written-statement of defendants 2(a) & 2(b) were also made by defendant no.8 with permission to amend the written statement filed by him which was rejected. According to contesting respondents, the present application by defendants 2(a) & 2(b) is at the behest of defendant no.8 to whom the rights and relations in the property have been assigned. Hence, dismissed. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]