IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7500 of 2010 RAM SURESH DUBEY S/O NATHUNI DUBEY R/O VILL.- BELHAN, P.S.- DINARA, P.O.- GANJ BHANDSARA, DISTT.- ROHTAS. VERSUS 1. THE STATE OF BIHAR THROUGH THE MUNSIF BIKRAMGANJ, ROHTAS. 2. JITENDRA OJHA S/O LATE AYODHAYA OJHA R/O VILL.- BELHAN, P.S.- DINARA, P.O.- GANJ BHANDSARA, DISTT.- ROHTAS. 3. SATYENDRA OJHA S/O LATE AYODHAYA OJHA R/O VILL.- BELHAN, P.S.- DINARA, P.O.- GANJ BHANDSARA, DISTT.- ROHTAS. ----------- 02 27.05.2010 It appears that a suit was filed by some of the villagers as against the petitioner alleging that petitioner has encroached upon certain land. The suit was decreed ex parte against which the petitioner had preferred Miscellaneous Appeal No.14 of 2005 for setting aside the ex parte judgment and decree in the said proceedings. On 20.05.2008 the lower appellate Court closed the evidence of the appellant on the ground that he was not anxious in producing his witnesses. An application to recall that order was then filed which has now been rejected and the case is listed for final hearing. The petitioner states that he will suffer irreparable loss and injury if he is not permitted to adduce evidence and final orders are passed. In my view, two options are available to this Court. First, either to stay further proceedings in the lower appellate Court for issuing notice to the respondents and second to direct the lower appellate Court to take evidence as may be sought to be - 2 - given on behalf of the petitioner in a fixed period so that the proceedings may ultimately be disposed of expeditiously. The former would delay the proceedings and the later would do complete justice. In that view of the matter, I deem it proper to choose second course. Accordingly, I set aside the impugned order dated 23.03.2010 passed by the lower appellate Court and direct the lower appellate Court to take the case immediately for evidence of the petitioner in the matter and conclude the recording of evidence within a period of one month from today. The time would not be extended any further and then the lower appellate Court would proceed in the matter in accordance with law. With these observations and directions, the writ petition is itself disposed of. Trivedi (Navaniti Prasad Singh, J.)