1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1009 of 2025 1 - Smt. Suman Parganiha W/o Late Shri Shiv Kumar Parganiha Aged About 71 Years R/o 225, Sapphire Greens, Vidhan Sabha Road, Ama Seoni, Raipur, Tehsil And District- Raipur, Chhattisgarh. 2 - Smt. Priyanka Parganiha D/o Late Shri Shiv Kumar Parganiha Aged About 46 Years R/o 9 Arlington Road, Cheadle Sk8 1lw, England, United Kingdom (Both Through Their Power- Of-Attorney Holder, Shri Rajesh Kumar Verma, Son Of Shri Brij Lal Verma, Aged About 58 Years, R/o 179, Sapphire Greens, Vidhan Sabha Road, Ama Seoni, Raipur, Tehsil And District- Raipur, Chhattisgarh) ... Petitioner(s) versus 1 - Ramdev Tawari S/o Shri Trilok Chand Tawari Aged About 51 Years R/o B/1, Ward No. 54, Pulgaon Mahesh Colony, Durg, Tehsil And District- Durg, Chhattisgarh. 2 - Amit Tapadiya S/o Shri Bhagirath Tapadiya Aged About 45 Years R/o B/1, Ward No. 54, Pulgaon Mahesh Colony, Durg, Tehsil And District- Durg, Chhattisgarh. 3 - Roshan Lal Jain S/o Shri Bhanwar Lal Jain Aged About 42 Years R/o Mahavir Chowk, Devkar, Tehsil - Saja, District- Bemetara, Chhattisgarh. 4 - Gopal Gandhi S/o Shri Satyanarayan Gandhi Aged About 51 Years R/o Bus Stand, Bade Urla, Abhanpur, District- Raipur, Chhattisgarh. 5 - State Of Chhattisgarh Through The Collector Bemetara, Collectorate Bemetara, Tehsil And District- Bemetara, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Amrito Das, Advocate For Respondent Nos. 1 to 4 : Mr. H. B. Agrawal, Sr. counsel with Ms. Preeti Yadav, Advocate For State/Respondent : Mr. Vedant Shadangi, PL 2 No. 5 Hon’ble Shri Justice Sachin Singh Rajput Order on Board 09/10/2025 Heard. 2. This writ petition has been filed by the petitioners/defendants being aggrieved by the order dated 17.09.2025 passed by the learned 1st District Judge, Bemetara, CG in Civil Suit No. 13-A/2025 by which their right to file the written statement and reply to the application under Order 39 Rule 1 & 2 CPC was closed. 3. Learned counsel for the petitioner submits that the respondent Nos. 1 to 4 / plaintiffs have filed a suit for specific performance of contract in respect of the suit property comprised in piece of Khasra No. 27 area 5.20 hectares equivalent to 12.85 acres situated at Village Gabda, PH No. 9, Revenue Block Bhimbhori, Tahsil Bhimbhori, District Bemetara, CG. He submits that the suit was filed on 06.05.2025 and the summons of the suit was issued to the petitioners/defendants on 17.06.2025. The petitioners/defendants made their appearance on 11.07.2025 and during the course of proceedings, the matter was placed before the medication also. Before the petitioners/defendants could file their written statement and reply to the application under Order 39 Rule 1 & 2 CPC, their right to present the same has been closed. He submits that one opportunity may be granted and 90 days to file the return statement has not yet over. 4. Mr. Agrawal, Sr. counsel vehemently opposes the same and submits that despite of sufficient time, the petitioners/defendants failed to file return statement and reply to the application under Order 39 Rule 1 & 2 CPC. 5. After hearing the learned counsel for the parties, this Court is 3 inclined to allowed this writ petition subject to cost of Rs. 1,000/- to be paid to respondent Nos. 1 to 4 / plaintiffs and the impugned order 17.09.2025 passed by the learned 1st District Judge, Bemetara, CG in Civil Suit No. 13-A/2025 sofar as it closes the right of the petitioners/defendants to file their written statement and reply to the application under Order 39 Rule 1 & 2 CPC is hereby set aside. 6. It has been informed that this case is listed today before the learned trial Court. The petitioners/defendants are granted time till 31.10.2025 to file their written statement and reply to the application under Order 39 Rule 1 & 2 CPC, looking to the ensuing Diwali vacations. If the written statement and reply to the application under Order 39 Rule 1 & 2 CPC is not filed on or before 31.10.2025, no further time shall be granted by the learned trial Court. 7. With these observations, this writ petition is allowed. No order as to costs. Sd/- (Sachin Singh Rajput) JUDGE Pawan