S.B. Civil Writ Petition No.13192/2010 Smt. Chandra Kanta Pareek Vs. Ram Sharan Ghiya and Anr. Dated : 06.10.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Hariom Gaur with Mr. Ritesh Jain, for the petitioner. *** By way of this writ petition, the petitioner has implored to set aside the order dated 27th July, 2010 whereby the Additional District Judge, No.9, Jaipur City, Jaipur closed the evidence of the petitioner in execution proceedings No.06/2007 (78/2009). Having heard the learned counsel for the petitioner and carefully perused the impugned order, it is noticed that the petitioner was given the last opportunity on 19th February, 2010 to produce the evidence in execution proceedings, but despite being given the last opportunity, she did not produce the witnesses. It is also noticed that the petitioner filed one application under Section 151 of C.P.C. imploring to take certain documents on record. The petitioner insisted upon the Court to hear the argument on that very day and take the document on record, but the Court declined to hear the arguments on the ground that the application shall be disposed of only after affording an opportunity of being heard to the opposite party. Albeit the Court -2- granted last opportunity to the petitioner to produce the witnesses, but the petitioner despite witnesses AW/1 Chandra Kant and AW/3 Kailash Narain being present in the Court, did not produce them for cross examination. Since the learned Executing Court granted the last opportunity to produce the witnesses and the petitioner failed to carry out the orders, the learned trial Court had no option left but to close the evidence. The impugned order seems to be just and proper, which suffers from no infirmity. So far as the powers under Article 226 of the Constitution are concerned, they are required to be invoked for the enforcement of the fundamental rights or any other legal right available to the parties. The powers are discretionary in nature. No legal right of the petitioner is found to have been infringed and thus, the writ petition is found to be totally devoid of any substance and the same deserves to be dismissed in limine. For the reasons stated above, the writ petition fails and the same being bereft of any merit, stands dismissed. (MAHESH BHAGWATI)J. Pcg item No.25