Revision petition allowed. Court directed trial court to grant petitioner one more opportunity to conclude evidence subject to costs.
Direction to trial court to grant petitioners one opportunity to conclude evidence subject to payment of Rs.1000/- as costs.
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C.R. NO. 7295 OF 2009(O & M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. NO. 7295 OF 2009 (O & M) DECIDED ON : 10.12.2009
Jodha Khan and anr.
...Petitioners
versus
Punjab Wakf Board and others
...Respondents
CORAM : HON'BLE MRS. JUSTICE SABINA
Present : Mr. Mohd. Yousaf, Advocate, for the petitioners.
SABINA, J. (ORAL)
The petitioners have filed a suit for permanent injunction, restraining the defendants from alienating the suit land. Vide the impugned order, evidence of the plaintiffpetitioners has been closed. Hence, the present revision petition.
Learned counsel for the petitioners has submitted that one opportunity be granted to the petitioners to lead their evidence.
After hearing learned counsel for the petitioners, I am of the opinion that the instant petition deserves to be allowed.
Although, the petitioners were granted sufficient opportunity to lead their evidence, yet in the interest of justice, it would be appropriate to grant one more opportunity to the
C.R. NO. 7295 OF 2009(O & M) -2-
petitioners to conclude their evidence, at their own risk and responsibility. In case the petitioners are allowed to lead evidence, the lis between the parties will be disposed of on merits. Moreover, the other side can be compensated with costs.
Accordingly, this revision petition is allowed. The trial Court is directed to grant one opportunity to the petitioners to conclude their evidence at their own risk and responsibility, subject to payment of Rs.1000/- as costs. Thereafter, the trial Court shall proceed further with the suit, in accordance with law.
DECEMBER 10, 2009 shalini
(SABINA) JUDGE
Jodha Khan and anr.
Punjab Wakf Board and others
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
