1 wp-7688-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7688 of 2011 Ajay Rajaram Bhandare .. Petitioner Versus Bhagirathi Basingappa Ghavale & ors. .. Respondents Mr. Shrishail Sakhare for the Petitioner Mr. Nitin Mulye for Respondent Nos.1 & 2 CORAM : R.M.SAVANT, J. DATE : 1st DECEMBER, 2011 ORAL JUDGMENT : 1 Rule. With the consent of the parties made returnable forthwith and heard. 2 The above Petition takes exception to the order dated 16-7-2008 passed by the Learned Civil Judge, Senior Division, Solapur, by which order the Application Exhibit 20 in Regular Civil Suit No.765 of 2007 filed by the Defendant No.2 for setting aside the “No Written Statement order and to take the Written Statement on record, came to be rejected. 3 It appears that the Defendant Nos.1 and 2 were similarly situated as both had not filed their Written Statement within time. 4 In so far as, the Defendant No.1 is concerned, he had filed an application for setting aside the “No Written Statement Order and to take the Written statement on record on 21-6-2008, the Trial Court was 2 wp-7688-11 pleased to permit the Defendant No.1 to file his Written Statement on record. 5 In my view, therefore, it would be just and proper to quashed and set aside the impugned order dated 16-7-2008 which is accordingly quashed and set aside and the Learned Civil Judge, Senior Division, Solapur, is directed to take on record the Written Statement filed by the Defendant No.2. 4 Rule is accordingly made absolute to the aforesaid extent with parties to bear their respective costs. 5 The hearing of the Regular Civil Suit No.765 of 2007 is expedited. (R.M.SAVANT, J.)