1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 5787/2010 (Syed Irshad Ali Wajid Ali VERSUS Smt. Sumitra B. Papadkar & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.D. Samel, counsel for the petitioner. Ms Richa Inamdar h/f Ms Neeta Jog, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 22 , 2011 . The petitioner has challenged the order passed by the trial Court on 20.10.2010 mainly on the ground that the application for permission to file the written statement was not signed by the respondent no.5-defendant no.5 and the same was filed by the counsel for the respondent no.5. Ms Richa Inamdar, the learned counsel for the respondent nos.1 to 5, stated that inadvertently, the written statement did not mention that the same was filed on behalf of defendant nos.1 to 5-respondent nos.1 to 5 and it mentioned that it was filed on behalf of defendant nos.1 to 4- respondent nos.1 to 4 and in these circumstances, the matter proceeded exparte against the defendant no.5-respondent no.5. The learned counsel for the respondents submitted that the defendant no.5 is ready and willing to file a proper application for permission to file the written statement under the signature of the defendant no.5 along with a pursis or an affidavit. The learned counsel for the petitioner states that in case, such an application is filed by the defendant no.5- respondent no.5 before the trial Court, the same may be 2 decided in accordance with law. Hence, in the aforesaid set of facts, it is necessary to dispose of this petition with liberty to the respondent no.5- defendant no.5 to file an appropriate application before the trial Court for permission to file the written statement. The trial Court shall decide the same in accordance with law. The impugned order dated 28.09.2010 is quashed and set aside. Order accordingly. No order as to costs. JUDGE APTE