1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8283 OF 2009 Vaijinath s/o Trimbakappa Thonte ... PETITIONER VERSUS Bhaskar s/o Namdeo Bhale & anr. ... RESPONDENTS ..... Shri S.B. Gastagar, Advocate for petitioner Shri H.U. Patil, Advocate for respondents ..... CORAM: K.U. CHANDIWAL, J. DATE : 29th September, 2010. PER COURT: 1. Heard. The order dated 17.11.2009, passed by learned Civil Judge, Junior Division, Parli Vaijnath, allowing the defendant to tender the written statement and reading and recording the same on costs of Rs.350/- each, is questioned by the plaintiff. 2. Though the learned Judge found that no medical certificate was tendered, however, the delay was properly explained and it was not intentional. The defendant No.1 indeed was not keeping well. The reasons assigned by the learned Judge cannot be said to be contrary to the record. The pendency of the matter before this Court has indeed killed the time of almost a year, 2 detrimental to the plaintiff (the writ petitioner). The order does not call for any interference. Writ Petition lacks merits. Hence, it is dismissed. The learned Judge seized with the matter, shall ensure to complete the trial within a period of one year from receiving the writ. Both the parties to co-operate. (K.U. CHANDIWAL) JUDGE fmp/wp8283.09