S.B. CIVIL MISC. WRIT PETITION NO.2921/2009 Paras Mal Vs. Madan Mohan & Ors. Date of order : 6th April, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. P.M. Vyas for the petitioner. ----- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 12.2.2009 whereby the learned trial court in a suit for injunction has closed the plaintiff's evidence. 3. Learned counsel for the petitioner submits that between the period 1.12.2004 to 20.2.2008 a misc. appeal was pending in the appellate court of learned District and Sessions Judge, Bikaner against the temporary injunction and only three opportunities were granted to the plaintiff for leading evidence on 28.4.2008, 11.7.2008 and 3.10.2008 and closing the evidence the learned trial court is bound to dismiss the suit for which the date is fixed today only. He submits that the plaintiff would be willing to pay reasonable cost to the defendant and will produce all the witnesses on one single day which may be examined by the learned trial court in the interest of justice. 4. Having heard learned counsel and in the facts and circumstances of the case, in the interest of justice, this writ petition is allowed without notice to the respondents and it is directed that the plaintiff may be allowed to produce all his witnesses on either today itself when the matter is said to be fixed before the learned trial court or on the next date i.e. on 20.4.2009 subject to payment of cost of Rs.1,000/- to the defendant. 5. The writ petition is accordingly disposed of. [ DR. VINEET KOTHARI ], J. itemNo.s/2 babulal