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2025 DAILYLAW 1418 (MEG)

SEEMA SALUJA v. PARVEZ SHARIF

CRP/39/2024 · 2025-04-22

B Bhattacharjee

body2025

Judgment text

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Serial No.30 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG CRP No.39 of 2024 Date of Order: 22.04.2025 ____________________________________________________________ Smt. Seema Saluja. Wife of (L) Tejinder Kumar Sajuja R/o Zara Arcade, Keating Road, Police Bazar, Shillong-793001. East Khasi Hills District Meghalaya. …..Petitioner. Vs. Shri Parvez Sharif, son (L) Md. Ahmed Sharif, R/o Zara Arcade, Keating Road, Police Bazar, East Khasi Hills District, Meghalaya. …..Respondent. Coram: Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Appellant(s) : Ms. T. Buam, Adv. For the Respondent(s) : Mr. S. Sen, Adv. Mr. M. U. Ahmed, Adv. ORAL:- Heard the learned Counsels appearing for the parties. By this revision petition, the petitioner has challenged the impugned order dated 21.11.2024 passed in T.S (Evict) C/No. 21 (H) 2024 by the Court of Assistant District Judge, Shillong whereby the opportunity to file 2025:MLHC:308 the written statement by the petitioner was closed on the ground of expiry of statutory period of 90 (ninety) days. Ms. T. Buam, the learned Counsel for the petitioner submits that the learned Assistant District Judge has committed a gross error of law and fact by closing the opportunity to file written statement without taking into consideration the date of service of notice upon the petitioner in the suit and thereby committed a mistake in calculation of expiry of 90 days thereof. According to the learned Counsel, the stipulated period of 90 days for filing written statement would have expired only on 27-11-2024. Mr. S. Sen, learned Counsel for the respondent in his usual fairness does not dispute the contention of the petitioner and submits that it is because of wrong calculation, the opportunity of filing written statement was closed. He submits that the matter may be remanded back to the Trial Court by giving an opportunity to the petitioner to file his written statement in the T.S (Evict) C/No. 21 (H) 2024. In view of the submissions made by the learned Counsels appearing for the parties, the impugned order dated 21-11-2024 is hereby set aside. The opportunity of filing written statement by the petitioner in the T.S (Evict) C/No. 21 (H) 2024 is restored. The petitioner shall now file his written statement within a period of two weeks from today. With the above, this revision petition stands disposed of. Judge Meghalaya 22.04.2025 “Biswarup PS” 2025:MLHC:308 Digitally signed by BISWARUP BHATTACHARJEE Date: 2025.04.23 07:48:48 IST