JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. The petitioners challenge the order dated 17.01.2022 whereby the learned Trial Court had struck off the defence of the petitioners/defendants no.1 and 2 and also proceeded ex parte simultaneously. The petitioners also challenge the order dated 28.04.2022 whereby the learned Trial Court refused to take the written statement of the petitioners/defendants on record on the premise of having already proceeded ex parte vide order dated 17.01.2022.

2. Mr. Jayant Mehta, learned senior counsel appearing on behalf of the petitioners/defendants submits that on 27.10.2021, the summons of the suit were served upon the petitioners/defendants. In accordance with such service, the petitioners/defendants appeared on 01.11.2021 before the learned Trial Court. Vide order dated 01.11.2021, the learned Trial Court had directed the petitioners/defendants to file the written statement within the stipulated time with an advance copy to the other side.

3. The matter was next posted to 17.01.2022 whereby the aforesaid impugned order had been passed.

4. Learned senior counsel appearing for the petitioners/defe