HIGH COURT OF JUDICATURE A1: BILASPUR : CHHATTlSQABnlj SINGLE BENCH : HON’BLE SHRI SR. NAYAK, C.J. WRIT PETlTl0N ICmQm-§§.73.9fm$99.§: Present : Shri Sanjay K Agrawal learned counsel for the petitioners. Shri Bhishma'Kinger, learned counsel for respondents No. 4 &5. PETITIONERS 1. Bindra Prasad, LDEFENDANTs) S/o Dhinnulal, Aged about 66 years. R/o Near Railway Station, Chirmiri, District - Koria, Chhattisgarh. 2. Om Prakash, S/o Mahanguiai, Aged about 39 years 3. Shiv Prasad, S/o Mahanguiai, Aged about 36 years. Petitioners No. 2 & 3 above are R/o Haidibadi, P.S. Chirmiri, Tah - Manendragarh, District Koria, ; Chhattisgarh. Versus RESPONDENT 1. Haridas, (PLAINTIFFS) S/o Dhinnuiai, Aged about 71 years. 2. Raj Kumar, S/o Haridas, Aged about 43 years 3. Ashok Kumar Gupta, S/o Haridas Gupta Aged about 41 years. Respondents No. 1 to 3 above ail R/o Haidibadi, P,S. Chirmiri, Tah. Manendragarh, District — Koria, Chhattisgarh LDgEgtVHQAMEI 4. lndian Oil Corporation Limited. Through its General Manager, MP. State Office, 16, Arera Hills, Jail Road, Bhopal, Madhya Pradesh. @ (ORAL ORDER) (Passed on 7‘” November, 2006) I am not convinced with the grounds stated for not filing the written statement within the time specified. The pendency of the proceedings in an interlocutory matter would not have come in the way of the petitioners- defendants filing written statement. There is no faiiure of justice. The writ petition is, therefore, dismissed. No coste. 3d!- Chief Justice Eini