{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9535 OF 2010 Asaram s/o Bajirao Waman and others Petitioners Versus Rangnath s/o Bajirao Waman and others Respondents Mr.A.S.Zarekar, advocate for petitioner CORAM : R.M.BORDE, J. DATE : 30 th November, 2010 PER COURT: 1 An application tendered by Respondent No.1 – original plaintiff seeking permission to accept the written statement to the counter claim presented by defendants, by setting aside `no written statement’ order, has been allowed by the trial Court in view of the order passed on 13.07.2010. Said interlocutory order, passed by the trial Court during continuance of suit, is subjected to challenge in this petition. 2 The trial Court has deemed it appropriate to exercise jurisdiction in the matter and permitted original plaintiff to file written statement to the counter claim presented by original defendants – petitioners herein. Suit is presented claiming {2} partition and separate possession of ancestral property. Parties are related. The trial Court is required to take into consideration all the contentions raised in the suit on its own merit and in accordance with the provisions of law. 3 I do not find any irregularity or illegality in the impugned order passed by the trial Court necessitating interference in exercise of extraordinary jurisdiction under Article 227 of the Constitution. Petition is devoid of substance. 4 Writ Petition, therefore, stands rejected. R.M.BORDE JUDGE adb/wp953510