[2025:RJ-JP:21216] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7642/2023 Piyush Sharma S/o Late Shri Arvind Kumar Sharma, Aged About 39 Years, R/o Plot No. A-32, Sethi Colony, Near Satsai College, Transport Nagar, Jaipur, Rajasthan. At Present, R/o 203, B-1, Satyam, Lok Prabhat Bolinj Naka, Virar (West) Mumbai, Maharashtra. Office Address - Oberai Garden Estate, Office No. 5096, Next To Chandivali Studio, C-Wing, Fifth Floor, Chandivali, Mumbai, Maharashtra. ----Petitioner Versus 1. Ambika Sharma D/o Late Shri Himanshu Sharma, Since Minor Through Natural Guardian Mother Vijay Laxmi Sharma, R/o Plot No. A-32, Sethi Colony, Near Satsai College, Transport Nagar, Jaipur. 2. Vijay Laxmi Sharma W/o Late Shri Himanshu Sharma, R/o Plot No. A-32, Sethi Colony, Near Satsai College, Transport Nagar, Jaipur. 3. Vimlendu Sharma S/o Late Shri Netiram Sharma, R/o Plot No. A-32, Sethi Colony, Near Satsai College, Transport Nagar, Jaipur. 4. Priyanvada D/o Late Shri Raghvendra Sharma, R/o Plot No. A- 32, Sethi Colony, Near Satsai College, Transport Nagar, Jaipur. 5. Ritu D/o Late Shri Raghvendra Sharma, R/o Plot No. A-32, Sethi Colony, Near Satsai College, Transport Nagar, Jaipur. 6. Prashant S/o Late Shri Raghvendra Sharma, R/o Plot No. A-32, Sethi Colony, Near Satsai College, Transport Nagar, Jaipur. 7. Sushma W/o Late Shri Raghvendra Sharma, R/o Plot No. A-32, Sethi Colony, Near Satsai College, Transport Nagar, Jaipur. 8. Sub-Registrar-I, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Mohammed Anees, Advocate For Respondent(s) : Mr. Mukesh Dudi, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 20/05/2025 : [2025:RJ-JP:21216] (2 of 3) [CW-7642/2023] Instant writ petition under Article 227 of the Constitution of India has been filed by the petitioner against the impugned order dt.10.02.2023 passed by the Court of ld. Additional District & Sessions Judge, No.7, Jaipur Metropolitan-I, whereby the application filed by the petitioner was dismissed while closing the opportunity for filing the written-statement. Submissions of learned counsel appearing for the petitioner are that the respondent Nos.1 & 2 have jointly instituted a suit for partition, declaration & permanent injunction against the petitioner & respondent Nos.3 to 8. The ld. Trial Court had granted time to the petitioner to file the written-statement on the costs of Rs.500/- & Rs.1000/- vide orders dt.18.01.2023 & dt.02.02.2023. The petitioner has also filed an application to provide one more opportunity to file the written-statement by stating that the he is a resident of Mumbai and, hence, he could not present to sign the written-statement. The ld. Trial Court, while rejecting the prayer of petitioner, has granted opportunity to file the written-statements to the defendant Nos.3 to 5. The ld. Trial Court, vide its order dt.10.02.2023 while ignoring the settled principles of law, closed the opportunity of the petitioner to file the written- statement. Therefore, the petitioner may be given an opportunity to file the written-statement. Learned counsel appearing for the respondents has opposed the submissions made herein-above & prayed for dismissal of the present writ petition. Heard learned counsel appearing for the parties. Perused the impugned order as well as the material made available on record. Looking to the facts & circumstances of case & considering the submissions made at bar, this Court deems it just & proper to allow this writ petition, subject to the cost/penalty of Rs.10,000/- (Rs. Ten [2025:RJ-JP:21216] (3 of 3) [CW-7642/2023] Thousand Only) imposed upon the petitioner. In the interest of justice, the petitioner is granted one more opportunity to file the written- statement before the ld. Trial Court within a period of 15-days from the date of receipt of certified copy of this order. Out of the aforesaid cost imposed, Rs.5000/- be deposited in the concerned District Legal Services Authority & Rs.5,000/- be given to the plaintiffs. It is further made clear that in case, the petitioner fails to pay the cost, as directed herein-above and does not file the written-statement within a stipulated period, no further opportunity shall be granted to the petitioner. Consequently, the present petition stands disposed of. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J. ASHOK-saurabh/