ORDER

This petition under Article 227 of the Constitution of India takes exception to the order passed by the learned Trial Court on 05.04.2021 whereby it allowed the application filed by the defendant/respondent under Order 9 Rule 7 readwith Section 151 of the Code of Civil Procedure (for short ‘Code’), despite it having been filed after four years that too without there being a separate application seeking condonation of delay.

2. Brief facts of the case are that Smt. Judhya Devi, predecessor-in-interest, of the plaintiffs-petitioners (hereinafter to be referred to as the petitioners) filed a suit for permanent prohibitory injunction restraining the defendant-respondent (hereinafter to be referred to as the respondent) from interfering, changing nature, raising construction, encroaching and digging the suit land comprised in Khata Khatauni No. 95min/114min, Khasra No. 130, measuring 1-7 bighas, situated at Village Jukhala, Tehsil Sadar, District Bilaspur (HP). The respondent had put in appearance and had also filed written statement. The petitioners had filed replication. Thereafter, issues were framed and the case was listed for recording evidence of the petitioners.

3. The suit