1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2428 OF 2009 Janardan s/o. Yeshwantrao Mule, Age 68 yrs., Occu. Agril., R/o. Bhatkhed, Tq. & Dist. Latur. ....Petitioner. Versus 1. Trimbak s/o. Ramrao Mule, Age 67 yrs., Occu. Agril., 2. Balaji s/o. Trimbak Mule, Age 41 yrs., Occu. Agril., 3. Tanaji s/o. Trimbak Mule, Age 38 yrs., Occu. Agril., All R/o. Bhatkheda, Tq. & Dist. Latur. ....Respondents. Shri. S.S. Manale, Advocate for petitioner. Shri. S.C. Havelikar, Advocate for respondents 1 and 3. CORAM : R.K. DESHPANDE, J. DATE : 14th June 2010. ORAL JUDGMENT : 1. Rule, made returnable forthwith. With the consent of learned counsel for the parties the matter is taken up for final decision at the stage of admission. 2. This writ petition challenges the order dated 13.1.2009 passed by the Trial Court, accepting the written statement placed on record by the defendants by imposing cost of Rs. 100/-. 2 3. By an order dated 17.7.2007 the Appellate Court remitted the matter back to the Trial Court and directed the Trial Court to take on record the written statement. It was further directed to pay cost of Rs. 500/- to the plaintiff by the defendants. However, the complaint is that an amount of Rs. 500/- was not paid on the date when the written statement was filed. 4. The learned counsel appearing for both the sides do not dispute that an amount of Rs. 500/- + Rs. 100/- has been deposited in the Court and till the date the plaintiff has not received the same. 5. In view of the fact that there has been delay in depositing the amount of Rs. 500/-, the respondents shall pay cost of Rs. 400/- more to the plaintiff within a period of two weeks from today and obtain his acknowledgment and place it on record of the Trial Court. Upon this, the Trial Court shall take into consideration the written statement and proceed with the matter accordingly. Rule is made absolute as indicated above. No order as to costs. [ R.K. DESHPANDE, J. ] ssc/wp2428.09