,/y^ Sf ^v Petitlosier Plaintiff COURT OF CHHATTISGARH AT Writ Petation (227) No. 3370 of 2010 Dr.ARll Dubey, aged about 42 years, S/o Shri Chandraprakash Dubey, R/o Priyadarshinl Nagar, Ralpur, TahslS & DIstnct Ralpur (C.G.) Resgsondents Defendants Keeper of the record/Triaj.Coyrt . Versus 1. Ths Collector, Ralpur (C.G.) 2. Additionai Tahsildar, Raipur (C.G.) 3. State Maratha Society, Budhapara, Raipur, through Generai Secretan/- Vishwas Rao GayaRwad S/o Shri Tukaram Gayakwad, R/o Swami Vivekanand Ward, Budhapara, near Hanuman Mandir, Rajpur (C.G.) 4. T'ne 16ih Civii Judge Ciass-2, Tnrough the Preslding Offscer, Raipur, Dlstrict Raipur (C.G.) (Wrlt Petltlon under Article 227 of the Constitution of indla) (SB: Hon'bie Mr. T.P. Sharma, J.) Present:- Mr.Amlyakant Tiwari, counsei for the petltioner. ORAL ORDER (Passed on 17th Augyst, 2010) 99 1. Heard. 2. I have pemsed the order dated 28.6.2010 passed by the 16 Clvil Judge CSass-IS, Raipur, in Civii Suit No.41A/09, whereby the Court be!ow has again adjourned the case for providing opportunlty for fillng writtsn statement to the respondents, subject to payment of cost of Rs.100/-, especla!iy after providing fast opportunlty for filiRg wrstten statement. 3. Learned counsel for the petitioner submlts that ampie opportunlty has been prov§ded-to the respondents for flllng wrltten statement and thres tlmes last opportunlties have been provlded to tlie respondents, but the respondents have not fl!ed their written statement. Agaln without any cogent reason the Court below hss provldsd opportunsty for flling \vrltten statement to the respondsnts subject to payment of cost of Rs.100/-. ^ ^^f;/ ^... 'f'" ..^' ""•^^^::i ^^~ l^ Learnsd coiansel further submlts that now the respondents have flled thelr written statement but the petitioner has flied his objectlon for not taking the same on record. 4. From perusai of the order impugned and other documeRts, it appears that the Court below has taken ienient vlew In providing opportunsty for flling written statement to the opposlte party which is not proper. 5. Considering the aforesald sjtuation, it is directed thst subject to payment of cost of Rs.500/- by each defendants to the petltloner, written statement fiied on behaif ofthe defsndants be taken on record. 8. With the aforesald obser^ation, the petltson is disposed of. No order as to costs. 1 Sd/- T.P. Sharma Judge ^ ^