1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5575/2010 Shri Kashinath s/o Nathu Pachpande Age 81 years, Occ-Agri/Pensioner R/o Unt Mohalla, Near Bholane Hospital, Bhusawal, Tq. Bhusawal Dist.Jalgaon. .. PETITIONER [ORIG.PLAINTIFF] VERSUS Waman s/o Totaram Bade Age 56 years, Occ-Service R/o dAmadgaon, Tq. Bodwad Dist.Jalgaon. .. RESPONDENT [ORIG.DEFT.NO.2] ... Shri S.I.Nandode,Adv.for petitioner. Shri A.M.Gholap,Adv. for respondent. ... CORAM : A.A.SAYED,J. DATE :02/12/2010 ORAL JUDGMENT : 1] Rule. Rule made returnable forthwith. By consent, petition is heard finally. 2 2] By the above petition, the petitioner takes exception to the order dated 16/2/2010 passed by the Civil Judge, Junior Division, Bhusawal in Regular Civil Suit No.50/2001. By that order, the order of "No Written Statement" passed against the respondent/orig. deft.no.2 was set aside, subject to costs of Rs.700/-, on the application which was filed by the respondent/orig.deft.no.2. 3] It is noticed that the impugned order is cryptic and does not record any reasons though the "No Written Statement" order was passed against the respondent/orig. deft. No.2, way back in 2002. It is further noted that the application of the petitioner/ orig. plaintiff to strike out the written statement (which was on record) and additional issues, which application was filed prior in point of time to the application on which the impugned order is passed, has remained to be decided. 4] In the circumstances, the impugned order is set aside and the matter is remanded back to the Civil Judge, Junior Division, Bhusawal, to decide the matter afresh. The learned Judge shall decide both the applications i.e. the application of the respondent on which impugned order is passed as well as the application of the petitioner in respect of 3 striking out the written statement and additional issues, by a reasoned order. All contentions of the parties are kept open. 5] The Petition is allowed to the aforesaid extent and rule is made absolute accordingly. No order as to costs. [A.A.SAYED] JUDGE umg/wp5575-10