mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2238 of 2008 Mr.Isaque L. Inamdar .. Petitioner versus Karimsaheb J. Shaikh & ors. .. Respondents ... Mr.S.A. Kumbhakoni for the petitioner. Mrs.Geeta P. Mulekar for the respondent. CORAM : A.M.KHANWILKAR, J DATED : 7th August 2008 P.C.: 1. Heard counsel for the parties. 2. Rule. Rule returnable forthwith by consent. Mrs.Geeta Mulekar waives notice for respondent nos.1, 2a to 2d. Notice to remaining respondents is dispensed with as it is agreed that they are not necessary parties in so far as point in issue raised in the present petition. The present writ petition takes exception to the order passed by the IV Joint Civil Judge Junior Division, Solapur dated 1st February 2008 below Exhibit-1 in RCS no.1460 of 2004. The Court below has declined to take written statement tendered by the petitioner defendant no.1 on record. However, having regard to the fact situation of the present case and as the contesting respondent nos.1, 2a to 2d, plaintiffs have agreed that the written statement of defendant no.1 be taken on record, by consent in the peculiar facts of the present case, this petition is allowed. Impugned judgement and order is set aside. Application Exhibit.1 by the petitioner is granted on condition that the petitioner shall file and/or present the written statement before the trial court on 20th August 2008 which shall be taken on record by the trial court. 3. Parties to appear before the trial court on 20th August 2008. The suit pertains to the year 1999. Hearing of the suit is expedited. Trial court to proceed with the suit as "High Court Expedite Case" as per its turn. 4. The respondent no.1 and 2a to 2d are permitted to withdraw the amount of Rs.20,000/- deposited by the petitioner in this court in terms of order dated 2nd April 2006. (A.M.KHANWILKAR, J)