- (1.) CONCISELY , the facts & material, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record are that, initially respondent -plaintiff -Ashok Kumar Malik son of Harnarain Malik (for brevity "the plaintiff") has instituted the civil suit for a decree of declaration, with a consequential relief of permanent injunction against petitioners -defendants -Krishna wife of Jai Parkash and others(for short "the defendants"). The defendants contested the claim of the plaintiff, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.
(2.) HAVING completed all the codal formalities, ultimately, the case was slated for evidence of the defendants. The trial Court closed the evidence of the defendants, except the cross -examination of deferred DWs, by means of impugned order dated 20.01.2014(Annexure P -1).
(3.) AGGRIEVED thereby, the petitioners -defendants have preferred the present petition, invoking the provisions of Article 227 of the Constitution of India. At the very outset, in exercise of power conferred under Article 227 of the Constitution of India, I hereby exempt the issuance of notice to the respondent -plaintiff, in order to save him from the expenditure of counsel fees, litigation expenses in this Court and the delay in disposal of the suit, particularly when he can well be compensated with adequate costs in this context. Be that as it may, however, in case, the plaintiff is aggrieved by the order, in any manner, he would be at liberty to file a petition to recall this order without accepting the costs.;