CHELABHAI RAVJIBAI BHIL Vs. BHIL MULABHAI BHOJABHAI

JUDGEMENT

(1.) By way of present petition, the petitioners herein are aggrieved by the order passed below Exh-38 dtd. 27/2/2025 in Special Civil Suit No. 90/2014 by the learned Principal Senior Civil Judge, Deesa, District Banaskantha.

(2.) The petitioners herein are the original defendants in the aforesaid Special Civil Suit No. 90/2014 and the respondents No.1 to 10 herein are the original plaintiffs. The respondents- original plaintiffs preferred the aforesaid Civil Suit for cancellation of documents and permanent injunction. It appears that the petitioners- original defendants preferred an Application below Exh- 29 seeking permission to file written statement on 16/12/2014, the same is duly produced at Annexure "C" at page-56. The learned trial Court by order of the even date, allowed the said application below Exh-29 on the condition that the respondents be permitted to file written statement on deposit by way of costs a sum of Rs.2000.00 to the respondents- original plaintiff and Rs.1000.00 be deposited before the District Legal Services Authority. The said order dtd. 16/12/2014 reads thus:

(3.) It appears that while the petitioners-original defendants deposited Rs.1000.00 toward cost before the District Legal Services Authority, the amount of Rs.2000.00 was not paid to the respondents- original plaintiff. For the aforesaid reasons, the respondents- original plaintiffs preferred application below Exh-36 praying that the right of the defendants for filing the written statement be closed. The said application below Exh-36 is duly produced at page-16, Annexure "A". The learned trial Court considering the averments and contents of the said application vide Exh-36, allowed the same and closed the right of the petitioners- original defendants for filing of the written statement.