MUNESHRA DEVI Vs. CHANDRAWATI DEVI @ CHANDRA DEVI

JUDGEMENT

(1.) Heard Sri V. Singh alongwith Sri A.B. Maurya, learned counsel for the petitioners.

(2.) Considering the facts and circumstances of the case and pendency of the release application since 1997, this writ petition is taken up for final disposal without issuing notice to the respondents with the liberty to them to seek recall of the order which is going to be passed today, if the other side feels aggrieved.

(3.) It is not in dispute that the petitioners appeared for the first time before the Court on 20.12.2012 after service of notice, on which date some additional papers were supplied to the petitioners and date was fixed for 10.1.2013. On 10.1.2013, an adjournment was sought by the petitioner No. 1 which was accepted after imposing cost of Rs. 100/- with the rider that in case, the written statement is not filed upto 1.2.2013, the opportunity of filing written statement will be closed. The attention has been invited towards the provisions contained under Order VIII Rule 1 of the Code of Civil Procedure which is reproduced herein under: