Manoj Sharma v. Rameshwar Sharma

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (227) No. 963 of 2018 Manoj Sharma S/o Late Badri Prasad Sharma Aged About 50 Years R/o Village - Loharsi (Son), Tahsil - Masturi, District Bilaspur Chhattisgarh. At Present C/o Shri N.K. Pandey, Near Nandishwar Mandir, Sarkanda, Bilaspur Chhattisgarh.

---- Petitioner

Versus

1. Rameshwar Sharma S/o Late Ramgopal Sharma Aged About 25 Years.

2. Budhshwar Sharma S/o Late Ramgopal Sharma Aged About 22 Years.

3. Smt. Bela Sharma W/o Late Ramgopal Sharma Aged About 56 Years. Both R/o Juna Bilaspur, Near Kila Ward, Behind Shiv Mandir, Hatri Chowk, Bilaspur, Tahsil And District Bilaspur Chhattisgarh.

4. State Of Chhattisgarh Through The Collector, Bilaspur, District Bilaspur Chhattisgarh.

---- Respondents For Petitioner :

Shri A.K. Dubey, Advocate.

For State/Respondent No.4. :

Shri Rahul Tamaskar, PL.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/11/2018

1. By the impugned order, the plaintiff's opportunity to lead evidence has been closed by the trial Court.

2. Learned counsel for the petitioner submits that the earlier adjournment was granted on bona fide reason and plaintiff is only willing to examine one witness namely Kadam Bai, therefore time be granted to examine his witness.

3. I have heard learned counsel for the petitioner and perused the impugned order.

4. Considering the fact that the suit was filed on 04.12.2015 and only the plaintiff's willing to examine one witness, he is allowed to examine his witness namely Kadam Bai on 24.11.2018, subject to payment of cost of Rs. 1,000/- to the defendants. Defendants are at liberty to make an application for modification if they so desire.

5. Accordingly, the writ petition is disposed off with the aforesaid liberty. A certified copy of this order be sent to the concerned trial Court directly and through fax and Email.

6. C.C. as per rules.

Sd /- (Sanjay K. Agrawal) Judge Jamal