Rule. Heard finally with consent of learned counsel for the parties.

The challenge in the present writ petition is to the order dated 04/07/2015 passed by the trial Court below Exhibit 179 granting permission to the defendant No.1 (ii) to file his written statement on record.

2. The petitioners are the original plaintiffs who had filed Spl. C.S. No. 38/1995 for partition and separate possession of the suit property. In the plaint it was their case that they had legal right to the property in question. In the suit Amarkanth s/o Pandurang Wath was shown as defendant No.1 while Pandurang Wath was arrayed as defendant No.2. During pendency of the suit, the defendant No.1 expired on 19/09/2014 after which his widow and son were brought on record as defendant Nos.1 (i) and (ii). The defendant No.1 (ii) filed an application below Exhibit179 seeking permission to file his written statement on record. It was stated that after service of the notice, the case was fixed on 23/04/2015 for filing the written statement. It was then adjourned to 29/04/2015. There was some confusion with regard to the adjourned date and hence the written statement could not be filed on said date. It was fur