: 1 : 7285-11-wp.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7285 OF 2011 Arif Ismail Shaikh .. Petitioner v/s. Jannatbai Ahmedsaheb Kothmbire & Ors. .. Respondents ......... Mr. M.R. Deshpande for the petitioner ......... CORAM : R.Y.GANOO, J DATE : 6th SEPTEMBER,2011. P.C. : 1. The petitioner was defendant no.4 in the Regular Civil Suit No.74 of 1995, which was filed in the Court of 8th Joint Civil Judge, Solapur. The petitioner was represented by advocate before the said Court. The petitioner under went trial however, he did not file written statement in the course of the trial. The said R.C. Suit No.74 of 1995 was decided and appeal against the said judgment and decree being Civil Appeal No.80 of 2006 came to be filed in the Court of District Judge-I, Solapur. The petitioner is shown as respondent no.5 in the appeal. : 2 : 7285-11-wp.sxw 2. In the aforesaid appeal, the petitioner filed an application, below Exh.36 praying that the petitioner be permitted to file written statement in the aforesaid R.C. Suit No.74 of 1995. The said application has been rejected by the learned District Judge-I, Solapur by his order dated 10th June, 2011. 4. Being aggrieved by the said order dated 10th June, 2011, the petitioner has filed this petition. I have heard learned Counsel Mr. Deshpande in support of the petition. According to the learned Counsel for the petitioner, the petitioner should get an opportunity to put up his defence and since that was not done at the stage of trial, he wants that his defence be put up by filing the written statement while appeal is pending. Learned District Judge-I, Solapur has given detailed reasons as to why the said application below Exh.36 should be rejected. I accept the said reasons. 5. It is to be noted that the petitioner was represented by advocate before the learned Trial Judge. He underwent the trial and during the entire trial, he did not think of filing any written statement. I am not : 3 : 7285-11-wp.sxw inclined to reject the submission advanced by learned Counsel for the petitioner. The reasons given in the impugned order dated 10th June, 2011 do not require any interference. In view of the above, petition is dismissed at the stage of admission. There shall be no order as to costs. (R.Y.GANOO, J.)