-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. WRIT PETITION NO.5119 OF 2006 Shri Mallappa Dattu Vani and ors, .. Petitioners Vs Shri Annaso Dattu Chougule & ors .. Respondents. Mr A.B.Borkar, for the petitioners. None for the respondents, though served. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 18.10.2006 DATE : 18.10.2006 DATE : 18.10.2006 PC: PC: PC: 1. Heard the learned counsel for the petitioners. None appears for the respondents, though served. Rule. Returnable forthwith. 2. The petitioners have challenged the order dated 7.7.2006 rejecting their application at Exhibit-30. The application at Exhibit - 30 was filed for setting aside "No.W.S."order dated 22.3.2006.The suit was filed by the respondent-plaintiff on 10.1.2006. Admittedly, the summons was served on the petitioners-defendants on 6.2.2006 and the "No W.S." order was passed on 22.3.2006,i.e. within less then 60 days from the date of service of the summons. The respondent-plaintiff, in reply to the application at Exhibit-30,has stated that if in the interest of justice the application is allowed it may be allowed with heavy cost. Keeping that in view and considering the overall facts and circumstances of the -2- case, I am inclined to allow this writ petition. Hence, I pass the following order. (a) The order dated 7.7.2006 passed on the application at Exhibit-30 is quashed and set aside. Similarly, "No W.S." order dated 22.3.2006 is also quashed and set aside. The written statement, which has already been placed on record along with the application at Exhibit-30, be taken on file subject to payment of cost of Rs.500/- to be paid to the respondent-plaintiff within two weeks from the date of receipt of this order. Rule is, accordingly, made absolute. (D.B.BHOSALE,J.)