* 1 * W.P.4502.2003 28.9.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4502 OF 2003 Shri. Satish Devprasad Jesudas .... Petitioner V/S. Kaunstubhnarayan Anandnarayan Kalwar and Ors. ..... Respondents * * * * * * Mr. Shrishail Sakhare, Advocate for the petitioner. None for the respondents. Coram : Smt. R.P. SondurBaldota, J. 28 September, 2010. P.C. : 1. This Writ Petition under Article 227 of the Constitution of India seeks quashing of the order dated 23rd January 2003 passed below Exhibit-1 in Regular Civil Suit No. 949 of 1996, order dated 2nd September 1997 below Exhibit-13 and the order dated 21st April, 1997 below Exhibit-12 passed by the Court of Civil Judge Senior Division, Solapur. By the said orders, the applications filed by the petitioner for filing his written statement have been rejected and the * 2 * W.P.4502.2003 28.9.2010 suit is directed to proceed for hearing without written statement. The notice of the petition has been served upon the respondents. None has appeared despite service. 2. On 13th September 1996, the respondents filed eviction suit against the petitioner. The summons in the suit were issued on 19th September 1996 and made returnable on 28th October 1996. The summons were served on the petitioner on 1st December 1996. Within two days thereafter i.e. on 3rd December, 1996 the petitioner entered his appearance. On 6th January 1997 and 26th March 1997 at the request of the petitioner time was granted to him to file written statement. He however repeated his request vide Exhibit-12 on 21st April 1997. This time, the trial court rejected the application and directed that the suit shall proceed without written statement; against him. On 6th August, 1997 the petitioner once again filed an application for permission to file his written statement. This application was rejected on 2nd September 1997, in view of the earlier order dated 21st April, 1997. Thereafter, the suit came to be dismissed for default on 17th September 1997. It came to be restored on the application of the respondent on 3rd May, 2002. Then on 23rd * 3 * W.P.4502.2003 28.9.2010 January 2003 the petitioner once again applied for an adjournment to file his written statement, which application came to be rejected by the order passed on the same day. 3. Mr. Sakhare, the learned counsel for the petitioner, submits that the application dated 23rd January, 2003 seeking time to file written statement was filed inadvertently since the written statement of the petitioner was ready for filing on 6th August 1997. The copy of the written statement is annexed to the petition at pages 16 to 18. He submits that if the petitioner is not permitted to file written statement, serious prejudice will be caused to him and he is likely to be evicted from the demised premises without a hearing. Considering the facts of the case and the nature of the proceedings, in my opinion, the petitioner needs to be granted permission to file written statement dated 6th August 1997. Hence, Rule is made absolute in terms of prayer clause (a). The petitioner to file his written statement dated 6th August, 1997 in the court within a period of 2 weeks from today. [Smt. R.P. SondurBaldota, J]