2025:HHC:29763 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.645 of 2019 Decided on: 02.09.2025 Rashmi Soni alias Parveen Soni & another … Petitioners Versus Khalela Devi & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr. Dheeraj K. Vashisht, Advocate. For the respondents : Mr. Kul Bhushan Khajuria, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have assailed order dated 01.10.2019 (Annexure P-5), passed by the learned Trial Court, in terms whereof, right of the petitioners, who are the defendants before the learned Trial Court, to file written statement has been closed. 2. Having heard learned Counsel for the parties and having perused the impugned order, this Court is of the considered view that it would have been in the interest of justice, had the learned Trial Court granted one more opportunity to the petitioners to file written statement by imposing heavy costs upon the petitioners. 3. Accordingly, without dwelling upon further, this petition is allowed and impugned order dated 01.10.2019 (Annexure P-5) is 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:29763 quashed and set aside in light of the fact that delay in filing the written statement was not all that much so as to have had called for an order of striking of the defence of the present petitioners. This, however, is subject to payment of costs of Rs.20,000/-, which shall be paid by the petitioners to the respondents herein, i.e. the plaintiffs. The parties through Counsel are directed to appear before learned Trial Court on 22.09.2025. In case, on the said date, costs of Rs.20,000/- is paid by the petitioners/defendants to the respondents/plaintiffs by way of Bank Draft, then on the same date, if written statement is also filed by the petitioners, the same will be taken on record. However, in case the petitioners either does pay the costs or does not file written statement despite payment of costs, then this order will loose its efficacy and no further opportunity shall be granted. 4. The petition stands disposed of. Interim order, if any, stands vacated. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 02, 2025 (Rishi)