.0 `, .# . 6 ,li caseNo FAONQilof2°Q9 Serial No. Date Oiper (s) with Signature (s) 1 2 3 06. 15.09.2009 PRESENT HON'BLE MR. JUSTICE A. P. SUBBA, JUDGEI I Heard Ms. Laxmi Chakraborty, learned counsel for the appellants, Mr. Karma Thinley, learned State counsel for the State-respondents and Mr. N. Rai, learned counsel wit:h Ms. Jyoti Kharka, learned counsel for the respondent No.4. In the course of the hearing, it was appraised by the learned counsel fori the parties that the main suit now inprogressbeforethelearnedtrialCourtisalreadyinthe I stage of framing issues and evidence. Such being the present status of th,e suit both the parties jointly submitted that if a time fram: is set and if the learned trial Court is direct:ed to dispose of t:he suit wit:hin such time it may not be necessary for the appellants to pursue this appeal any further. Mrs. Ghakraborty, learned counsel for theappellants,inallf!irness,expressedherwillingnessnottopressthepresent'appealifadirect:ionisissuedtothe learned trail Court t:o hear and dispose of the matter wi.thin a reasonable time wit:h a condition that the parties maint:ain status quo till th'e disposal of the suit. Mr. N. Rai, learned counsel appearing for the respondent No.4 submitted that the disposal of the matter would be expedited if the trialCourtrecordsthe'|cross-examinationoft:hewit:nessesbyitselfinsteadof|FferringittotheCommissioner.The suggestion so made by the learned counsel for the respondent No.4 is acceptable to the learned counsel for the appellants as well as learned State counsel for the respondent Nos.1, 2 and 3. - thatsk°eef::n:S,nthv:e'#T:ef::cTethj:tct::C:::te.:s'aj:t::Sstaaggr:eodf framing of issues to be followed by recording of evidence SGPG- 3/ High Courv 5000 NosJ 2.4.2009 Case No FAO No.1 of 2009 Serial No. Order (s) with Signature (s) three months time would be sufficient. In order to facilitate disposal of the matter within the specified t:ime both parties also agree not to seek any ad].ournment of proceedings except for unavoidable reasons. In view of above understanding arrived at between the parties this matter is disposed of with the following orders/ directions:- The learned trial Court shall hear the matter as expeditiously as possible giving due priority to it and will make all efforts to dispose of the mat:ter within a period of three months from t:he date of receipt of the records. In order t:o facilit:ate disposal of the matter within the time frame the parties will not seek adjournment except for unavoidable reasons. 2. In order to facilitate disposal of the matter within the specified t:ime frame, the learned trial Court shall itself record cross-examination of the witnesses instead of appointing Commissioner for the purpose. . As agreed to, the parties shall maintain status quo as of today unt:il the matt:er is disposed of by the learned trial Court in the manner and within the time frame as set out: above. The lower Court record may be returned forthwith. Both the parties shall appear before the learned trial Court on 22-09-2009 for r]ecessary direction in the matter. A copy of this order be forwarded t:o the learned trial Court for information and compliance. Judge SGPG- ar High court/ 5ooo Nos./ 2.4.2oog •--..- + +