DILIPBHAI RAVLABHAI CHAUDHARY Vs. BALKRUSHNA CHHAGANBHAI CHAUDHARY

JUDGEMENT

(1.) This petition is filed against the order dtd. 28/3/2022 passed by the learned Principal Senior Civil Judge, Vyara below Exh.68 in Regular Civil Suit No.42 of 2019, by which the application under Order VIII Rule 1 of Code of Civil Procedure, 1908 ('CPC' for short) to take written statement on the record is rejected.

(2.) The brief facts of the case are as such that the respondent herein preferred Regular Civil Suit No.42 of 2019 on 29/6/2019 under Sec. 38 of the Specific Relief Act, 1963 for reliefs, inter alia of the declaration and permanent injunction, directing for non-interference with the possession and usage of the property being Survey No.344 Block No.319/2 of Village Ambiya, Taluka Vyara, District Tapi. It is claimed in the suit that the respondent being the tenant by virtue of proceedings under Sec. 43 of the Bombay Tenancy and Agricultural Lands Act, 1948 read with Sec. 73 of the Gujarat Land Revenue Code, 1879 was the owner and the petitioners herein attempted to take over the possession of the agricultural land and therefore cause of action arose and the suit was filed.

(3.) It is further case of the petitioners that the suit was filed on 29/6/2019, the summons were issued making the same returnable on 17/7/2019 and thereafter the matter was adjourned for some reason or other and on 12/12/2019, the stage of filing reply was closed in absence of the petitioners. After such closing stage, the application Exh.5 was heard ex parte and rejected vide order dtd. 10/1/2020. Thereafter, the issues were framed on 14/12/2020. It is submitted that after the Covid-19 pandemic, the application Exh.68 was preferred by the petitioners on 6/1/2022, however, the same was rejected vide order dtd. 28/3/2022, which is challenged in this petition. It is averred that by way of intra-court appeal, the application Exh.5 was granted.