IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1790 of 2007 (MS) Ashok Kumar Shah and Another …… Petitioners Versus Civil Judge, Senior Division, Pauri Garhwal and others …… Respondents …… Mr. P.C. Bisht, Advocate for the petitioners. Mr. S.K. Posti, Advocate for respondents 2 to 5 Hon’ble V.K. Gupta, C.J. After arguing for a while, Mr. P.C. Bisht, the learned counsel appearing for the petitioners submits that if the petitioners are permitted the indulgence of written statement being filed by them in the trial Court taken on record on payment of costs the petitioners would be satisfied. In this case where the written statement was not filed for almost three years despite dozens of adjournments and opportunities, and specially not after 15th September 2006 till July 2007 when the file of the trial Court always remained with the trial Court, non-filing of the written statement by the petitioners-defendants, indeed, was gross misuse or abuse of the process of law. The petitioners did everything to delay the progress of the trial. Despite the aforesaid, the interest of justice demands that even at this belated stage, the petitioners-defendants’ written statement filed in 2007 be taken on record. This shall be subject to petitioners paying Rs. 20,000/- (Rupees Twenty Thousand only) as costs to the plaintiffs within four weeks from today. Mr. P.C. Bisht, the learned counsel appearing for the petitioners submits that he shall deposit the costs amount either in the trial Court within four weeks or pay it to the counsel for the plaintiffs. The impugned orders dated 05.06.2007 and 18.08.2007, accordingly, are set aside. It is directed that subject to the payment of costs of Rs. 20,000/- (Rupees Twenty Thousand only) within four weeks from today, the written statement already filed by the petitioners-defendants be taken on record and further proceedings in the suit thereafter, shall commence. Because the suit has been delayed inordinately, I direct that the learned trial Court shall take all possible steps for very expeditious disposal of the suit. The petition, accordingly, is disposed of. (V.K. Gupta, C.J.) 10.07.2008 A