JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. RULE.

2. This petition under Article 227 of the Constitution of India is filed by the petitioners-original defendant Nos. 3 and 4 with a prayer to set aside the order dated 6.2.2020, passed below Exh.44 in Special Civil Suit No. 447 of 2010 by the learned 3rd Additional Senior Civil Judge, Surat. By the said application Exh.44, the petitioners-original defendant Nos. 3 and 4 had prayed for to open their right to file written statement, which was closed on 1.5.2012.

3. Despite due service, the respondents have chosen not to appear before this Court, leaving no option but to proceed with the matter Ex-parte.

4. Heard learned advocate Mr. Nirad Buch for the petitioners. He submitted that the respondent No. 1 has filed the Special Civil Suit No. 447 of 2010 in the concerned Civil Court at Surat for declaration and permanent injunction, wherein, pursuant to the summons issued, the petitioners filed their appearance through their advocate on 14.12.2010. However, thereafter, there was no instructions from the learned advocate representing the petitioners before the learned Court below with regard to the filing of written statement and therefore, written st