RAM SWARATH PANDEY Vs. BIMAL KUMAR
LAWS(JHAR)-2011-2-31
HIGH COURT OF JHARKHAND
Decided on February 21,2011

RAM SWARATH PANDEY Appellant
VERSUS
BIMAL KUMAR Respondents

JUDGEMENT

- (1.) LEARNED counsel appearing for the petitioners submitted that the petitioners are the plaintiffs in Title Suit No. 170 of 2004, which is pending before the court of learned Sub JudgeIX, Ranchi. It is further submitted by learned counsel for the petitioners that the plaintiffs have to examine one more witness and, thereafter, let the trial court be directed to complete the trial within stipulated time. Even previously also, a writ petition bearing W.P. (C) No. 5534 of 2009 was preferred by the petitioners and the direction was given to dispose of the suit within six months vide order dated 15th March, 2010. Such time limit is already over and till today the trial is going on. The respondents (original defendants) are taking time and they are interested in prolonging the dispute between the parties as they are in possession of the properties.
(2.) I have heard learned counsel for the respondents, who has submitted that they are not interested in lengthening the title suit, pending before the trial court. In fact, they are cooperating in the hearing of the aforesaid title suit and they are not asking any unnecessary adjournments. It is further submitted by learned counsel for the respondents that the plaintiffs have not examined their all the witnesses and, therefore, no sooner did, the examination of plaintiffs' witness are over, the defendants' side will complete their evidences. In view of the aforesaid submissions and looking to the facts and circumstances of the case and also looking to the previous order passed by this Court in W.P. (C) No. 5534 of 2009 on 15th March, 2010, I hereby direct the Sub JudgeIX, Ranchi to hear and finally dispose of Title Suit No. 170 of 2004 on or before 31 s t May, 2011 . I also direct the Sub JudgeIX, Ranchi to report this Court the progress report of Title Suit No. 170 of 2004 on every first week of English Calendar month. No unnecessary adjournments will be given by the trial court to the parties. Learned counsels for both sides have assured that they shall cooperate in the hearing of the title suit and they shall not ask any unnecessary adjournments.
(3.) LEARNED counsel for the petitioners shall present order sheet of Title Suit No. 170 of 2004 on every months before this Court. Registry of this Court, is directed to get the progress report of Title Suit No. 170 of 2004 from the Sub JudgeIX, Ranchi on every first week of English calendar.;


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