IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3006 OF 2009 Shri Kalyan Dinkar Phadatare ...Petitioner V/s. Shri Vitthal Dinkar Phadtare & Ors. ...Respondents ...... Mr.Sandesh Patil i/b Mr.Ajit A.Salvi for Petitioner. Mr.P.Patel for Respondent No.1. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 24, 2009. MARCH 24, 2009. MARCH 24, 2009. P.C. 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mr.Patel waives notice for Respondent No.1. 3. As short question is involved, Petition is taken up for final disposal forthwith, by consent. 4. Respondent No.1 is represented through : 2 : Counsel, who is the contesting Respondent being the Plaintiff. Other Respondents are Defendants and are formal parties insofar as the issue to be addressed in the present proceedings. 5. This Petition under Article 227 of the Constitution of India takes exception to the Judgment and Order passed by the 5th Joint Civil Judge, Senior Division, Satara dated 19th January 2009 below Exhibit 108 in R.C.S. No.635/1996. By the impugned order, the Trial Court has dismissed the Application preferred by the Defendant No.5 for taking his written statement on record and condoning delay and setting aside no written statement order. Significantly, the Plaintiff/Respondent No.1 herein consented for taking the said written statement on record. However, the Court below has rejected the request. The Court below has recorded reasons for rejecting the request though consented by the Plaintiff. However, in my opinion, in the interest of justice, Application preferred by Defendants No.5 deserves to be allowed on account of the consent given by the Plaintiff but on condition that the Defendant : 3 : No.5 shall pay cost quantified at Rs.5,000/- (Rupees Five Thousand) to Plaintiff. There is nothing on record to indicate that other Defendants are opposed to this arrangement. 6. Accordingly, Petition succeeds on the above terms. The Plaintiff/Respondent No.1 is present in Court and the Advocate representing him has made the above statement on his instructions given in Court. Amount of cost be paid to the Respondent No.1/Plaintiff within one week from today, which is condition precedent for taking the written statement on record. Ordered accordingly. A.M.KHANWILKAR, J.