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 FIRST APPEAL NO.1411 OF 2005 FIRST APPEAL NO.1411 OF 2005 FIRST APPEAL NO.1411 OF 2005 Gopal Ganpati Patil ..Appellant versus Smt. Parvati Ganpat Patil & Others ..Respondent. Mr.S.M.Kamble for the Appellant Mr.Pratap Patil for the Respondent No.2 Coram : S.R.Sathe, J. Coram : S.R.Sathe, J. Coram : S.R.Sathe, J. Dated : 21st Feb., 2006 Dated : 21st Feb., 2006 Dated : 21st Feb., 2006 P.C. 1. Heard both the learned Advocates. 2. Admittedly, the defendants had not filed written statement in the matter. The plaintiff examined herself, but she has not been cross examined. The learned Advocate for the respondent submitted that under the circumstances having regard to the fact that the dispute is with regard to share of the parties in the family property, he submitted that the order be set aside and matter be remanded and opportunity be given to the defendant to file written statement. The learned advocate submitted that as per the instructions received he has no objection to remand the matter. However, time bound programme be given for disposal of the matter. 3. Hence the appeal is allowed. The order passed by the trial Court on 30.10.2001 is set aside. The matter is remanded back with directions to the trial Court to permit the defendant to file written statement within period of four weeks from the receipt of the order by the said court. 4. The trial court to dispose of the suit according to law within further period of six months. 5. As submitted by the learned Advocate for the respondents the cost if deposited, it be allowed to be withdrawn by the respondent. 6. Appeal is disposed of accordingly. (S.R.Sathe, J.)