(1.) None of the O. Ps. have filed the written statement although duly served. Mr. J. R. Shaikh, learned Advocate for O. P. No.3 tenders his appearance. Taken on record. O. P. Nos.1 and 2 although duly served have not responded either by filing appearances or written statements in answers to the case and claim of the complainant as set out in the complaint. This office by notice dated 24.9.2003 has intimated todays date of ex parte hearing of this complaint to all the O. Ps. and the said notice is in the record and proceeding. However, except O. P. No.3 no one responded.
(2.) It is stated on behalf of O. P. No.3 that the flat in question being the subject matter of the complaint herein has been sold to him by the Builders/o. P. Nos.1 and 2 and that presently he is in possession.
(3.) It is to be stated that even the complainant has also knowledge of the said position, as O. P. No.3 has been made party in this complaint as well. As stated, complaint is listed today on our board for ex parte. Few relevant facts: