IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 292 of 2010. Date of decision: 18.8.2010 Om Prakash …. Petitioner Versus Bidhi Chand and others. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? For the petitioner: Mr.Neeraj Gupta, Advocate. For the respondents: Mr.Bidhi Chand, respondent No.1. present in person. _____________________________________________ Deepak Gupta, J.(Oral) 1. Issue notice. Sh.Bidhi Chand, respondent No.1 has appeared in person. He states that on 17th August, 2010 when the matter was listed for arguments before the learned Trial Court, a statement was made on behalf of the present petitioner that a petition has been filed in the Hon’ble High Court and, therefore, he has appeared in Court today. He also holds the power of attorney on behalf of respondent No.2, Sh.Kishori Lal. He submits that he has no objection if the petitioner and the proforma 2 respondent are directed to cross-examine him. The parties submit that the case is fixed for 3rd September, 2010 before the learned Trial Court. Sh.Bidhi Chand states that he shall appear before the learned Trial Court in person on that date and he may be cross- examined on the said date. 2. In view of the aforesaid statement of Sh.Bidhi Chand, respondent No.1, which has been recoded separately, the present petition is allowed. The order of the learned Trial Court dated 15.7.2010 is set aside. It is directed that Sh.Bidhi Chand shall appear in person on 3rd September, 2010 before the learned Trial Court and he shall be cross-examined on the said date by the petitioner and the proforma respondent. It is made clear that no further opportunity shall be granted. The petition is disposed of accordingly. 3. Keeping in view the fact that the matter has been pending for many years, the learned Trial Court is directed to dispose of the petition latest by 31st October, 2010. Dasti copy. December 18, 2009 ( Deepak Gupta ) (m) Judge 3