Anwar Hussain v. Mohammad Hussain

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 488 of 2019 Anwar Hussain S/o Julfikar Hussain, aged about 52 years, R/o Mova, Bhimrao Ambedkar Ward, Ward No. 27, Raipur, Tahsil & District Raipur, Chhattisgarh.

---- Petitioner

Versus

1. Mohammad Hussain, aged about 47 years, S/o Mohammad Haquim, Occupation Business, R/o Jarhi Road, Bhatgaon, Tahsil & District Bilaspur, Chhattisgarh.

2. State of Chhattisgarh, Through The Collector, Raipur, Tahsil & District Raipur, Chhattisgarh.

--- Respondents For Petitioner :

Mr. Sourabh Sharma, Advocate For State :

Mr. Apurv Goyal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 21.06.2019

1. Vide impugned orders dated 03/05/2019 and 20/03/2019 passed in Civil Suit No. 8-A/2011, learned trial Court, by rejecting petitioner's application has closed his opportunity to lead four listed witnesses.

2. Learned counsel for the petitioner submits that all those four witnesses are listed witnesses and trial Court is absolutely unjustified in closing petitioner's opportunity to examine the said witnesses by the impugned orders.

3. After hearing learned counsel for the petitioner and looking to the fact that the witnesses are listed witnesses and it is necessary to get these witnesses examined for the just and proper disposal of the civil suit, impugned orders are set aside. As they are listed witnesses, opportunity is given to the petitioner to examine them.

Process fee must be paid on or before 26th June, 2019. On the said date, learned trial Court would issue process to them subject to payment of Rs. 3000/- to respondent No. 1. The State counsel appearing in that suit would do well to secure their presence on the next date of hearing. Learned trial Court is directed to hear and conclude the trial within three months from the date of receipt of copy of this order.

4. A copy of this order be sent to the concerned trial Court by email/fax. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet