S.A. Dharmadhikari, J. - (1.)This review petition (PUD) arises out of the request letter dated 18.05.2017 issued by the First Civil Judge, Class II, Sabalgarh, District Morena, seeking extension of appropriate time for conclusion of trial in Civil Suit No.96-A/2015 (Rampal and Others Vs. Padam Singh and Others).
(2.)The request letter dated 18.05.2017 discloses the fact that this Court in Writ Petition No.2439/2010 while disposing of the same vide order dated 20.06.2016 had directed the Court below to decide the Civil Suit No.96-A/15 within a period of eight months. It has been brought to the notice that after the orders passed by this Court, the plaintiff did not carry out the proposed amendment within time. The application was submitted beyond the period of limitation, therefore, the trial Court had rejected it. Aggrieved by the same, the plaintiff again approached the High Court in Writ Petition No.399/16 and vide order dated 28.09.2016, this Court had granted further time to incorporate the amendment. Accordingly, the amendment was allowed and the proceedings started. The record of the Revenue Court, Sabalgarh was necessary, therefore, the same was summoned. Since the record was very old, therefore, inspite of all the efforts the record could not be produced. Due to the delay in finalizing the case, the trial Court sought further four months time which was granted by this Court. Thereafter, hectic efforts were made to call the Revenue records and ultimately on 05.05.2017 it was finally informed that the required record is not available in the record room at Kailaras and Sabalgarh. After receiving the information the recording of evidence commenced and the case is fixed for cross examination. In these circumstances, request for extension of further time (appropriate time) has been sought to conclude/decide the case.
(3.)Looking to the prevailing facts and circumstances and the averments made in the letter dated 18.05.2017, it would be in the interest of justice to extend the time as sought by the trial Court.