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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL     APPEAL     NO.     2982        OF     2012   

(Arising out of SLP(C) No.9203/2012)

SURESH KUMAR KANTILAL PATEL                Appellant(s)

                    :VERSUS:

BALKRISHNA LAXMIDAS KOTHARI                Respondent(s)

O     R     D     E     R   

1. Leave granted.  

2. The Trial Court passed an ex-parte decree  

evicting the appellant-tenant. On appeal filed by  

the appellant-tenant, the Appellate Court set aside  

the ex-parte decree and remanded the matter back to  

the Trial Court for fresh consideration. The  

respondent- landlord filed  a writ petition before  

the High Court challenging the order passed by the  

Appellate Court by which the ex-parte decree passed  

by the Trial Court was set aside the matter was  

remanded for fresh consideration.

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3. The High Court vide its order dated 17.1.2012  

upheld the order passed by the Appellate Court and  

directed the parties to appear before the Trial  

Court on 21.2.2012 and also directed that written  

statement shall be filed by the appellant-tenant on  

21.2.2012.  

4. The appellant-tenant failed to file written  

statement by the specified date and the Trial Court  

ordered the suit to  proceed without the written  

statement of the appellant-tenant. The appellant-

tenant filed an application for extension of time  

before the High Court for filing written statement  

which was dismissed. The appellant has thus  

approached this Court.  

5. We have heard the learned counsel for the  

parties and perused the impugned judgment passed by  

the High Court as also the judgments passed by the  

Courts below.  

6. Learned counsel for the appellant-tenant  

submits that the written statement were ready for  

filing on 24.2.2012. In the peculiar facts and

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circumstances of this case, we are of the considered  

view that ends of justice would meet if the delay in  

filing the written statement is condoned subject to  

payment of costs of Rs.1 lakh by the appellant  

within four weeks from today. We direct accordingly.  

7. This appeal is disposed of with the  

aforementioned observations and directions.

.....................J (DALVEER BHANDARI)

.....................J (DIPAK MISRA)

New Delhi; March 21, 2012.