Rule. Heard finally.

This Writ Petition has been filed by the original plaintiffs under Article 226 and 227 of the Constitution of India. Facts giving rise to this petition are as follows:

The petitioner/plaintiff instituted a suit for possession, declaration, injunction and cancellation of instruments. The plaintiffs have also filed an application for temporary injunction in the said suit. Defendants after service of notice of temporary injunction application appeared before the Court and filed their reply to the application for temporary injunction application. They sought time to file Written Statement. It is the contention of the plaintiffs that after 12.12.2007 the defendants did not seek any further time to file Written Statement. They were in fact bound to file Written Statement within 90 days. They having not done so. It is the contention of the plaintiffs that the Court should have delivered the judgment under Order 8 Rule 10. Plaintiffs therefore moved an application purporting to be an application under Order 8 Rule 10. Defendants resisted the application and contended that no decree can be passed against them due on deemed admission as contended by the plaintiff.