Anup Mehra v. Smt. Daya Mehra

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227. No. 16 of 2019

1. Anup Mehra S/o Shri R.G. Mehra Aged About 46 Years.

2. Dhiraj Mehra S/o R.G. Mehra Aged About 41 Years. Both R/o Thakur Road, Jagdalpur, District Bastar Chhattisgarh. ---- Petitioners

Versus

1. Smt. Daya Mehra Wd/o Late Puran Khanna Aged About 65 Years R/o Radhapuram Colony, House No. A-03, Mathura (Uttar Prdesh).

2. Smt. Deepa Arora W/o Manoj Arora Aged About 40 Years R/o Radhapuram Colony, House No. A/3, Mathura (Uttar Pradesh). ---Respondents For Petitioner : Mr. T. K. Jha, Advocate. For Respondent : None.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09.01.2019

1. Heard.

2. Learned counsel for the petitioners submits that by the impugned order dated 29.11.2018 the plaintiffs' opportunity to examine the material witnesses namely Narsingh Rath & Dinesh Chandra Das has been declined by the trial Court on the ground of delay.

3. Taking into consideration the submission made by learned counsel for the petitioners that they have already been appeared on 26.10.2018, but they were not examined and further taking in view that trial is at initial stage, the plaintiffs are allowed to examine both witnesses on tomorrow i.e 10.01.2019 as the affidavit evidence has already been filed, subject to payment of cost of Rs.2,000/- to the defendants and documents taken on record subject to payment of cost of Rs.2,000/- also to the defendants.

4. Defendants will be entitled to make application for modification if they feels dis-aggrieved with the order.

5. A copy of this order be sent to the concerned trial Court directly and through Email and Fax.

6. C.C. Today.

Sd /- (Sanjay K. Agrawal) Judge J/-