Court No. - 36
Case :- WRIT - C No. - 2412 of 2012 Petitioner :- Mahesh Chandra Respondent :- Shambhoo Sharan (Dead) And Others Counsel for Petitioner :- Swapnil Kumar Counsel for Respondent :- Anoop Mishra,Anurag Upadhyay,S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the order dated 9.1.2012 passed by the Civil Judge (Senior Division) Etah in Original Suit No. 633 of 1992 (Mahesh Chandra Vs. Shamboo Sharan). By the order impugned, the application 112-C2 filed by the defendant first set for recall of the order dated 17.3.2011 has been allowed and two applications namely the application no.105-C2 and 108-C2 have been restored to their original number and the objections of Defendants first set were invited on the same.
On the presentation of the present petition, this Court, vide order dated 13.1.2012, has restrained the respondents from transferring the property in question. However, the court below was directed to allow the cross-examination of P.W. 2, which was apparently closed vide order dated 8.7.2010. It was further directed that the trial court shall conclude the trial expeditiously. Pursuant to the said direction, it is informed by the learned counsel for the parties that the evidence of both the parties have been concluded.The suit is at the stage of final hearing.
For the aforesaid, the present petition is being disposed of with the direction to the Civil Judge (Senior Division) Etah to decide the Original Suit No. 633 of 1992 (Mahesh Chandra Vs. Shamboo Sharan), expeditiously, preferably within a period of three months from the date of submission of certified copy of this order.
Till the disposal of the said suit, the parties are restrained from creating any third party right or interest over the suit property.
Order Date :- 11.10.2018 Pratima