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Judgment
This is a petition under Rule-1 (B) of the Rules of Administration of Justice and Police in the Khasi and Jaintia Hills, 1937 and Section 24 read
with Section 151 of the Civil Procedure Code.
The case of the petitioner is that in the year 2014 the petitioner filed a suit for declaration and permanent injunction, bearing Title Suit No.
42/2014 and Misc. Case No. 43/2014 before the Court of learned Assistant to Deputy Commissioner, East Jaintia Hills, Khliehriat and the suit is
pending for about two years and there is no progress till date and written statement has not been filed by all the respondents.
Learned counsel for the petitioner has pointed out that notice to all the respondents (defendants in the original suit) have already been served
and they have entered appearance. He has pointed out that respondents No. 4 and 6 (defendants No. 3 and 5 in original suit) have filed written
statements on 09.10.2015 and respondent No. 5 (defendant No. 4 in original suit) filed written statement on 26.11.2014. He also submits that
defendants No. 1 and 2 entered appearance on 09.10.2015 and defendants No. 6 and 7 entered appearance on 30.10.2015 and they have not
filed written statement as yet.
Mr. K.P. Bhattacharjee, learned counsel for respondents No. 7 and 8 submits that written statement shall be filed within 4(four) weeks. Mr.
P.N. Nongbri, counsel for respondents No. 2 and 3 also submits that written statement will be filed within 4(four) weeks.
During the course of arguments, Mr. E. Nongbri, learned counsel for petitioner submits that since judiciary in East Jaintia Hills, Khliehriat is likely
to be separated, he may be permitted to withdraw the present petition. Learned counsel for petitioner has also moved an application seeking
permission to withdraw the present petition.
In view of the facts and circumstances of the case and submissions made by learned counsel for the petitioner as well as application filed on
behalf of the petitioner, the present petition is dismissed as withdrawn.
Since the suit is pending since 2014 and the pleadings are not complete, the respondents No. 2 and 3 (defendants No. 1 and 2 in original suit)
and respondents No. 7 and 8 (defendants No. 6 and 7 in the original suit) are directed to file written statement within 4(four) weeks and learned
Assistant to Deputy Commissioner, East Jaintia Hills, Khliehriat is directed to complete the pleadings within a period of 6(six) weeks.
The present petition stands disposed of with the aforesaid observations.