BRIAN ROBERT ALEXANDER Vs. A G ENTERPRISES

JUDGEMENT

(1.) THESE appeals under Clause 15 of the Letters Patent take exception to the order dated 7 March 2014 of the learned Trial Judge. By the impugned order the Notice of Motion No.232 of 2012 taken out by the plaintiffs to set aside the order of Prothonotary & Senior Master extending time to file written statement, is disposed of as infructuous and Notice of Motion (L) No.369 of 2014 taken out by the defendant seeking to recall the order dated 17 February 2014 is allowed.

(2.) THE broad facts leading to filing of these appeals are, appellantplaintiffs filed the present suit being Suit No.4378 of 1994 for a declaration that the additional FSI of 1573.90 sq.ft which has become available due to a change in the Development Control Rules in respect of the suit land belongs to the original plaintiffs. Plaintiffs also claim the sum of Rs.1.60 crores together with interest thereon from the respondentdefendant for utilization of the said FSI.

(3.) IT appears that since no written statement was filed in the suit, the matter was listed before the Prothonotary and Senior Master of this Court on 12 December 2013. At that time, the Prothonotary and Senior Master passed the following: