____________________________________________________________ vs Shri Parvez Sharif on 22 April, 2025

Meghalaya High Court

____________________________________________________________ vs Shri Parvez Sharif on 22 April, 2025

                                                         2025:MLHC:308

Serial No.30
Regular List
                      HIGH COURT OF MEGHALAYA
                          AT SHILLONG

CRP No.39 of 2024                   Date of Order: 22.04.2025
____________________________________________________________
Smt. Seema Saluja.
Wife of (L) Tejinder Kumar Sajuja
R/o Zara Arcade, Keating Road,
Police Bazar, Shillong-793001.
East Khasi Hills District
Meghalaya.                         .....Petitioner.

                                 Vs.

Shri Parvez Sharif, son (L) Md. Ahmed
Sharif, R/o Zara Arcade, Keating Road,
Police Bazar, East Khasi Hills District,
Meghalaya.
                                            .....Respondent.

Coram:

Hon’ble Mr. Justice B. Bhattacharjee, Judge

Appearance:

For the Petitioner/Appellant(s) : Ms. T. Buam, Adv.

For the Respondent(s)           : Mr. S. Sen, Adv.
                                  Mr. M. U. Ahmed, Adv.



ORAL:-

Heard the learned Counsels appearing for the parties.
By this revision petition, the petitioner has challenged the impugned
order dated 21.11.2024 passed in T.S (Evict) C/No. 21 (H) 2024 by the
Court of Assistant District Judge, Shillong whereby the opportunity to file
2025:MLHC:308

the written statement by the petitioner was closed on the ground of expiry
of statutory period of 90 (ninety) days.

Ms. T. Buam, the learned Counsel for the petitioner submits that the
learned Assistant District Judge has committed a gross error of law and fact
by closing the opportunity to file written statement without taking into
consideration the date of service of notice upon the petitioner in the suit and
thereby committed a mistake in calculation of expiry of 90 days thereof.
According to the learned Counsel, the stipulated period of 90 days for filing
written statement would have expired only on 27-11-2024.

Mr. S. Sen, learned Counsel for the respondent in his usual fairness
does not dispute the contention of the petitioner and submits that it is
because of wrong calculation, the opportunity of filing written statement
was closed. He submits that the matter may be remanded back to the Trial
Court by giving an opportunity to the petitioner to file his written statement
in the T.S (Evict) C/No. 21 (H) 2024.

In view of the submissions made by the learned Counsels appearing
for the parties, the impugned order dated 21-11-2024 is hereby set aside.
The opportunity of filing written statement by the petitioner in the T.S
(Evict) C/No. 21 (H) 2024 is restored. The petitioner shall now file his
written statement within a period of two weeks from today.

With the above, this revision petition stands disposed of.

Judge

Meghalaya
22.04.2025
“Biswarup PS”

Signature Not Verified
Digitally signed by BISWARUP
BHATTACHARJEE
Date: 2025.04.23 07:48:48 IST