HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION ( 2271 No. 2700/2011 PBTITIONBRS Plaintiffs 1. 2. 3. 4. 5. 6. 8, 10. 11, VERSUS RESPOHDENTS: Defendants 4. 5. Preetaiu Bai, Wd/o Ubhay Ram., ayd about 55 years, ' Thumleshwar Kumar, S/o Late Ubhay Raia, aged about 38 years, Bimbleshwar Kuuiar, S/o Late Ubliay Raia, aged about 32 years, Chitrafh Kumar, S/o Late Ubhay Ram, aged about 25 years, Ctutralekha Bai, D/o Late Ubhay Ram., aged about 26 years, Janak Bai, D/o Late Ubhay Raui, aged about 22 years, Umabai, D/o Late Ubhayram, aged about 18 years, Kainlesh Kuinar.S/o Late Ubhay Ram, aged about 16 years Miuor, Ttirough next friend brofher Thumleshwar Kumar, S/o Ubhay Ram, Hiteshwari. Bai, D/o Late Ubhay Rain, aged about 13 years, Minor Through her next fiiend brofher Thi.unleshwar Kum.ar, S/o Late Ubtiay Kam Petitiouer No. 1 to 9 aU are R/o ViUage aad Post Oendatola, Tahsil and District Rajnaadgaon (C.G.), Kesar Bai, W/o SuMmaadaQ, Singh, aged about 36 years, R/o Vfflage Kherdeeh, post SarU, Tahsil Doiuidi Lohara, District Rajnandgaon (C.G.). LaUta Bai, W/o Khemlal, aged about 34 years, R/o Arjunda Tikri, Post Tikn, TahsU Doundl Lohara, District Dui^ (C.G.). Rukhinaiu Bai W/o LaUurain Dewaugaa, a^sd about 60 years, R/o Bijli Nagar, Btulai Chliavmi, Distnct Du^(C,G.). Bhikhari Dewangan., S/o Late Pai^an Dewangan, aged about 55 yeara. Mehter Dewangan, S/o Bhikhari Dewangan, agedabout38 years, Ramadhar, S/o Bhikhari Dewaitgan, aged about 40 years. Kaushal Bai, D/o Bhikhari Dewangaa, aged. about not known. Respondent No. 1 to 5 are R/o ViQays Tulsipiu-, Tahsil <2-— 6. 7. 8. 9. 10. 11, 12. Khairagarh, Dlstrict Rajnaitdgaon (G.G.). Beldar S/o Late Baisakhu Yadav, a^ed about 50 years, Chaitram., S/o Late Baisakhu Yadav, ^cd about 47 years, Bhagwani, D/o Sadaram Yadav, aged about 45 years, Respondent No. 6 to 8 are R/o Koliya Laniti, Up Tahsil Chhurya, District Rajnaudgaon (C.G.). Rikesh Kumar, S/o Ganesh Siagh, aged about 25 years, R/o Koliha Laiuti, PoUce Station Gendatola, Up TahsU Chhuriya, District Rajnandgaon (C.G.j. Netram., S/o Ku-taalal, aged about 23 years, MaBglu, S/o Kirtanlal, aged about 22 years, Respondeut No. 10 & 11 bofh are R/o Vfflage Gemdatola, Tahsil Chhiunya, Dtetrict Rajnandgaon (C.G.). State of Chliattisgarh, Through the CoUector, Rajiiaadgaon (C.G.). WRIT PETITION UNDBR ARTICLB 227 OF THE CONSTITUTIOM OF INDIA. (SB :Hon'ble Mr. T.P.Shama, J.) Present:- Shri Anup Majumdar, Advocate for the petitioners. Shri AkhU Agrawal, P.L. for the State/respondent No. 12. None for the respondents No. 1 to 11, although served, ORAL- ORDER (Passedoa 24/08/2011) 1, By this petition under Article 227 of fhe Constitution of India petitioners have chaBenged fhe legatily and propriety of the order dated 22/2/2011 passed by 2ml Civil Judge Class-1, Rajnandgaon (C.G.) iu civU suit No. 22A/05 whereby opportunily to adduce evidence of plaiatiff has been closed by the Court below. 2. Shri Anup Majumdar, Advocate for the petitioners and Shri Akhil Agrawal, P.L. for fhe State/respondent No. 12 are heard. I—^i^ ii; 111..J ^s4.:^..t;;«3sLs^l ^•^ '.^^.i^^S^ liiiMi, ^.-uKiBffiiitsiseS^ -&, &-.. ? ./4- -J"- 3. Learued coiinsel for the petitioners admits fhat case is pending since 1999 for plaiatiff evidence and case has been adjoumcd subject to payment ofcost in several tiines but on '22f'2/2011 only one witaess Rainldulawaa was reniain for examiaation whose aBidavit under Order 18 Rule 4 has been filed by the platntiff on fhat day but on the grouud of his iUness subsequently, he was reinam. absent. 4. Considering the order impugned virtually, petitioners does not deserve any syiapafhy but consideruig fhe fact that af&davit has been accepted by fhe Court below aod fhe subinission of the couasel for fhe petitioners that case is stiU pending before fhe Court below for defendant evidence, one opportuaily subject to payinent of heavy cost would be just to fhe petitioners. Consequently, petition is allowed and order mipugaed relatuig to closiag of the evidence of ftie petitiouers' one witaess namely Ramkhilawau is bereby quashed subject to payment of cost of Rs. 3,000/- wifhin 10 days flx>m today to the respondents No. 1 to 11 before the Trial Coztrt aad ui case cost is paid fhcn trial Court shaU give one opportiinily for examiuation of fhe witness RamJdulawaa and proceed furfher. No oider as to costs. Certified copy as per rules. Sd/- T.P. Sharma Judge il1^- ll:Ei;yi::i=:A^-ytl.i"«s.,s.sis:,; >;t::..{l^^y 'lsi1iiTLT-^ sssvssiFSiJi»r»