Learned counsel for both the parties are present. 

          Mr. Soumiran Sharma, learned counsel for the opposite parties seeks to file written version today after lapse of 120 days from the date of receipt of notice.  Learned counsel for the complainant submits that he has served a copy of the order upon the opposite parties on 22.7.2013.  As per records from registry, there is a delay of about 90 days in filing the written version.  In view of the Apex Court’s decision by a Bench consisting of three judges in Dr. J. J. Merchant vs. Srinath Chaturvedi III 2002 CPJ 8(SC), the right of the opposite parties to file the written version is forfeited.  Learned counsel for the opposite parties argued and placed reliance upon the judgment rendered in the case of Kailash vs. Nankhu & Ors. 2005 (4) SCC 204.  He also submits that reply may be taken on record by imposing costs but there is no provision as such.  Hence, the Bench is constrained to forfeit his right to file the written version.  He can join the proceedings and argue the matter on legal issues in this case.  Also heard on the interim application moved by the complainant.  Learned counsel for the opposite parties submits that the flat in question is not sold.  Therefore, it is ordered that the opposite parties should not create any third party interest till the pendency of this complaint.

          The case is posted on 18.2.2014 for complainant’s evidence by way of affidavit.