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Judgment
Bhaskar Raj Pradhan, J
I.A. No. 01 of 2023
This is to consider an application for stay filed by the petitioners in the present proceedings arising out of Title Suit No. 11 of 2017. In the prayer along with seeking stay of the proceeding relating to the present suit the petitioners have also prayed for stay of operation of Title Suit Nos. 8, 9, 10 and 12 of 2017 pending before the Trial Court. The prayer is impermissible and rejected. The application for stay of the Title Suit No. 11 of 2017 stems from the fact that the Trial Court had permitted the respondent no.1 to amend his written statement after the trial has begun and also allowed the defendant no.1 to file an additional affidavit explaining the defect that has occurred in his affidavit.
The learned counsel for the petitioners submits that if the Trial Court proceeds on the basis of the amended written statement which in fact should not have been allowed, they would be greatly prejudiced.
In view of the submissions made this Court is of the considered view that there should be a stay of the proceeding until the next date of hearing of this case. Counter affidavit has already been filed on 28.11.2023. Three weeks as prayed for is granted to the petitioner, to file rejoinder, if any.
List immediately after the reopening of the winter vacation for hearing.