S.B. CIVIL WRIT PETITION NO.4443/2008 Mohan Lal Vs. Sh. Jai Gopalacharya & Ors. Date of order : 14th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Nitin Trivedi for the petitioner. --------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 2.7.2008 of the learned trial court whereby the learned trial court has closed the evidence of the defendant. Learned counsel for the petitioner-defendant has pointed out that on the last dates i.e. 20.2.2008, 26.3.2008 and 13.5.2008 though the defendant's witness was present but for the reasons beyond the control of the defendant, the said witness could not be examined and it is not the case that the defendant failed to produce the same. On 2.7.2008 since the defendant was out of town at Mumbai, he could not remain present in the Court. Learned counsel for the defendant, therefore, prays for one last opportunity for defendant's witnesses to be present and examin by the trial court, in the facts and circumstances of the case and subject to payment of reasonable cost. 3. In the facts and circumstance of the case, this writ petition is disposed of with direction to the petitioner-defendant to produce all his concerned witnesses before the learned trial court on one single day i.e. On 22nd July, 2008 subject to cost of Rs.1,000/-. The learned trial court is requested to examine the defendant's witnesses on the said date. 4. The writ petition is accordingly disposed of. [ DR. VINEET KOTHARI ], J. item No.11 babulal/-