PBTITIONBRS (Plaintiffs) HIGH COURT OF CHHATTISGARH AT BILASPUR WmT PETITIOW (Art. 227) N0. 6S55 OF 2011 Ramchaadra, son of Late Shri Moolchand FCeshwaai, agcd about 27 years. Shankarlal, son of Late Shri Moolchand Keshwani, aged about 22 years, Kuinad Sadta, daughter of Late Shri Moolchaad Keshwaai, aged about 19 years. Sxnt, Vidha Bai, widow of Late Shn Moolchaad Keshwani, aged about 45 years. AU residents of C/o Ramchaad Keshwaiii, Ravi Gram^ Teiibaadha, Raipur, Tehsil & Dist. Raipur (CG). b\ Vs. RESPONDBNTS (Defeiidaats) 4. 1 6. 7. 8. 10. 11. 12. Fekaa Bai, widow of Late Shri Girdhar Sataami. Shantilal, son of Late Girdhar Satnaini Gendlal, son of Late Girdhar Satoaami Amriklal, son of Late Girdhar Satnaxni No. 1 to 4 are residents of Village Zora, In front of Agriculture College, Tehsil & District Raipur (CG). State ofM.P. (now Chhattisgarh), fhrough tlie CoUector, Raipur, Tehsil 8& District Raipur. Dr, Ashok Khemka, son of Late Shri Harikishaa Kheiaka, aged about 48 years. Smt. Niraiala Devi, aged about 45 years, wife of Dr. Ashok Khenika. Praiiay Kumar Khenika, aged about 23 years, son of Dr. Ashok Kheiaka No. 6 to 8 are residents of Gudhiyari, Raipur, Tehsil & Distnct Raipur (CG). Snit. Vaadan.a Agarwal, wife of Shri Arvmd Agarwal, aged about 36 years, resident of Pendra Road, Bilaspur (CG). Sushil Aganval, son of Shri Kaliraai Aganval aged about 40 years. Smt, Asha Devi, wtfe of Shri SushU Agarwal, aged aboiit 36 years, Snit, Vidha Devi Agarwal, wife of Shri Magaii Lal Agarwal, aged about 52 years. y/^'^ '^ ^z^- S fi. ...,^i^ B j j i ^•^ ^^^y /. No. 10 to 12 are residents of Civil Liaes, Raipur, TehsU & District Raipur (CG). WRIT PBTITION UNDBR ARTICLE 227 OF THB CONSTITUTION OF INDIA. (SB :Hon?ble E r. T.P.Sharma, J.) Present:- Shri B.P. Sharma, Advocate for the petitioners. Shri Akhil Agrawal, P.L. for the State/respondent No, 5. Respondents No. 1 to 4 and 6 to 12 not noticed* ORDBR ^ (Passedoa 09/11/2011) By tlxis petition under Article 227 of the Constitution of India petitioners have chaltenged tlie legaMty aad propriety of the order dated 5/9/2011 passed by 4th CivilJudge Class-1, Raipur (C.G.) ia civil suit No. 76A/07 whereby application for producmg aiiofher evidence ofwitaesses Balirain & Sudhuram has been disiaissed. This petition has been filed on 31/ 10/2011, leamed counsel for fhe petitioners subniits fhat althoiigh suit is pendiag siace 1989 and petitioners were under obUgation to file appropnate petition as early as possible but sonie dociunents was nxisplaced when it was ia fhe haiids ofcounsel for the petitioners fhereforc he has not filed petitlon soon after passiag oftlie order iiapugned, Shn B.P. Sharoia, Advocate for tlie petitioners & Shri Akhii Agrawal, P,L, for fhe State/respondent No. 5 are heard, Learaed counsel for the petitiouers submits fhat trial is stiU pendiag before tlie Court for evidence of defendaats witoesses alfhough case is pendiag smce 1989 but considermg the request for examLhiation of two witnesses only tiie Court ought to have provide opportunity subject to paynient of cost. In these circunistaaces, issuaace of notice to opposite party aiid observaace of procedural law would only cause delay m torial, Consequently, petition is allowed subject to payment of cost of Rs. 3,000/~ to coutestmg respondents wifhia 15 days from today aad order \. ^^/f/ 5. -J-- mipugned to fhe extent of not providing opportunity of adduciag evidence of witaesses Balirani & Sudhziram is hereby quashed. Petitioners shall produce aad examme botli fhe witaesses namely BaUram & Sudhuram on 7{ 12/2011 aad also mtimate to opposite party by filing fheir evideuce on affidavit through their coiinsel representmg them before trial Court witli mtiniation fhat fhey wUl examiae fhem on 7/ 12/2011 within 15 days from today. In case of any itiabUity of exaoiination of afbresaid witaaesses on 7/12/2011 by Court or iiiabUity of cross examiaation on behatf of ti:ie respondents Court niay adjouni one tune for exainiiiation of tliese witaesses and proceed for tdal. No order as to costs, Interina appKcation staiids disposed of 1 T.P. Sharma I Judge t^ f^