MUNIRAJU Vs. RAJA

JUDGEMENT

(1.) The defendant Nos. 4, 5, 6 and 7 have presented this writ petition calling in question the order dated 26.02.2020 whereby their application filed under Section 151 of CPC, 1908, seeking leave to file the Written Statement in a Partition Suit in O.S.No.505/2006 has been rejected on the ground of delay & laches.

(2.) Having heard the learned counsel for the petitioner and having perused the petition papers, this Court declines to grant indulgence in the matter since suit is of the year 2006, the earlier order whereby these petitioners were placed ex parte having been set at naught, they had abundant opportunity of filing the Written Statement which they have not availed, years having rolled thereafter. Such a conduct on the part of the petitioners disentitles them to the discretionary relief which the Court below has rightly denied presumably keeping in view the decision of the Apex Court in MOHINDER KUMAR MEHRA VS. ROOP RANI MEHRA AND OTHERS. (2018) 2 SCC 132.