Sabina, J. - (1.) PLAINTIFFS have filed a suit for permanent injunction restraining the Defendants from dispossessing them from the suit land forcibly and illegally. Order dated 17.11.2005, passed by Assistant Collector, First Grade (Tehsildar), Dhuri in partition proceedings, was also challenged by the Plaintiffs. The evidence of the Defendants was closed vide order dated 23.10.2010. The Defendants challenged the said order by way of Civil Revision No. 7417 of 2010. The said petition was allowed vide order dated 13.1.2011 and it was held as under: Accordingly, this petition is allowed. Impugned order dated 23.10.2010 is set aside. The trial Court is directed to give one opportunity to the Petitioners/Defendants to conclude their evidence and adjourn the case on 15.1.2011. The Defendants shall not be granted any further opportunity and shall lead their entire evidence and adjourn the case on 15.01.2011. The Defendants shall not be granted any further opportunity and shall lead their entire evidence at their own risk and responsibility on the date fixed by the learned trial Court for their evidence. The trial Court shall give four weeks time to the Petitioner/Defendants to enable them to lead their evidence.
(2.) FROM the impugned order dated 29.1.2011, as reproduced at page No. 12 of the petition, it is evident that the copy of the said order dated 13.1.2011 was placed on record of the trial Court. However, vide order dated 5.2.2011, the case was adjourned to 19.2.2011 for evidence of Defendant, despite the fact that as per order dated 13.1.2011, the trial Court was directed to give four weeks time to Defendants to enable them to lead their evidence. The evidence of the Defendants was again closed on 19.2.2011 as only one opportunity was granted by this Court to the Defendants to lead their evidence. The trial Court has thus erred in not complying with the orders, passed by this Court in its letter and spirit. The trial Court instead of granting four weeks time to the Defendants to lead their evidence, has adjourned the case for Defendants evidence on 5.2.2011 to 19.2.2011 and has thus given only 14 days time to the Defendants to lead their evidence. Accordingly, this petition is allowed. The impugned order dated 19.2.2011 is set aside and the trial Court is directed to grant one more opportunity to the Petitioners to conclude their evidence at their own risk and responsibility. The trial Court is directed to fix the date for Defendants evidence by giving them at least four weeks time to enable them to lead their evidence.;