Girvar Dewangan v. Vijay Kumar Dewangan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.754 of 2016

1. Girvar Dewangan, aged about 61 years, son of late Gokul Ram Dewangan,

2. Girdhar Dewangan, aged about 58 years, son of late Gokul Ram Dewangan,

3. Rajendra Dewangan, aged about 56 years, son of late Gokul Ram Dewangan,

4. Kanhaiyalal Dewangan, aged about 70 years, son of late Bhulauram Dewangan, All are resident of Village-Godhi, Tahsil Arang, District-Raipur (CG) ---- Petitioners

Versus

Vijay Kumar Dewangan, aged about 60 years, son of Shri Fudru Dewangan, resident of Village-Godhi, Tahsil-Arang, District-Raipur (CG) ---Respondent For petitioners :

Mr.D.N.Prajapati, Advocate For Respondent :

None present though served Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 19/04/2017 Heard.

1. By the impugned order the trial Court has closed the opportunity of the petitioners/defendants to file written statement.

2. Learned counsel for the petitioners would submit that the petitioners may be permitted to file written statement as they could not file written statement due to bonafide reasons.

3. After hearing learned counsel appearing for the petitioners and considering the fact that suit was filed on 22.8.2015, I deem it appropriate to dispose off the present writ petition on the following directions:- (i) The petitioners will file their written statement on or before 19th May, 2017 subject to payment of cost of

Rs.5000/- to the respondent/plaintiff on 19th May or 21st June, 2017.

(ii) The plaintiff is at liberty to make an application for modification of the order, if any.

4. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) JUDGE B/-