Heard learned counsel for the petitioner.
The learned counsel for the petitioner submits that a Suit has been filed against the private opposite parties herein for possession, permanent injunction and damages. The petitioner resides in United States of America and at present he is in India. The Suit has not been decided even after lapse of almost 11 years.
The contention of the learned counsel for the petitioner is that on 25.09.2019 the petitioner, who is the plaintiff in the Suit, would be going back to U.S.A., therefore, the anxiety to get his cross examination conducted before the said date i.e. by 24.09.2019. Learned counsel for the petitioner further submits that the amendments referred in the order of the Court below dated 11.07.2019 have been carried out and there is no legal impediment whatsoever in getting cross examination of the plaintiff conducted. He also says that the examination-in-chief by way of affidavit in terms of Order 18 Rule 3 C.P.C. has already been filed on 09.03.2016. He also invited the attention of the Court to the order sheet dated 14.03.2016, 18.03.2016 and 29.03.2016 which indicate that the matter was being fixed for cross examination of PW-1 i.e. the petitioner/plaintiff but ever since then the cross examination had not taken place. He has also invited the attention of the Court to the Application bearing No. C-75.
Considering the facts and circumstances of the case and in view of the order proposed to be passed issuance of notice to private opposite parties is dispensed with as the private opposite parties would also be interested in expeditious disposal of the suit in accordance with law and as this Court does not propose to adjudicate any issue involved therein.
The Additional Civil Judge (Senior Division), Court No. 41, Civil Court, Lucknow is directed to consider as to whether there is any legal impediment in the cross examination of the petitioner/ plaintiff i.e. the PW-1 on the next date or any date up to 24.09.2019. If not, then he shall ensure that the cross examination take place so as to facilitate the expeditious disposal of the suit proceedings as otherwise in the event the petitioner/ plaintiff goes back to U.S.A. it would lead to unnecessary complication and the proceedings would be prolonged.
Needless to say that the Court below shall make an earnest endeavour to dispose of the suit itself at the earliest but in accordance with law, say, within a period of next one year.
With the aforesaid observations/ directions, the petition is disposed of.
Let a copy of this order be provided to the learned counsel for the parties within 24 hours on payment of usual charges.
Order Date :- 29.8.2019 R.K.P.