ORDER :

1. Whether notwithstanding the pendency of an application under Order 7 Rule 11 of the Code of Civil Procedure (in short ‘CPC’) moved by the defendant about two years after the institution of the suit, can he be directed to file written statement as last opportunity, is the point involved in the present petition.

2. Facts:

(i) A civil suit was filed by respondents No. 1 to 5 for possession and mandatory injunction on the basis of title against six defendants. The suit was filed in December, 2019. The case status document produced by learned counsel for respondents No. 1 to 5 during hearing of the case gives the impression that the defendants were served in the suit by April, 2020. This has not been disputed by learned counsel for the petitioners. First date given for filing the written statement as per the case status document was 09.04.2020. The matter was thereafter listed before the learned Trial Court on 19.06.2020, 22.09.2020, 10.11.2020, 06.01.2021 and 22.03.2021 for filing of written statement. The case was thereafter fixed for proper orders on 06.05.2021 and 12.07.2021. Perhaps on account of COVID-19 pandemic, the matter could not be taken up and was fixed on 21.08.202