Heard Sri Ramesh Rai, counsel for the petitioner and Sri Udai Chandani, counsel for the respondents no.1 to 3.
The petitioner has preferred present petition inter-alia with the following prayer :-
"I. set aside the judgment and order dated 31.5.2018 and 24.7.2018 passed by learned Additional District Judge Court no.2, Deoria in original suit no. 1 of 1982 (Kanchan Prasad and others Vs. Mahadevanand Giri and others).
II. direct the learned trial court to provide an opportunity to cross examination from DW-1 namely Rudranand Giri."
It appears from perusal of the record that Original Suit No.01 of 1982 was filed by one Kanchan Prasad and 5 others including the present petitioner Sanjiv Kumar Gupta against Mahadevanand Giri and two others. The suit was allowed and direction was issued that the property in dispute will not be soled. Issues were framed in the aforesaid suit in the year 2017. Subsequently vide order dated 31.5.2018 the right to cross examination of the plaintiffs were rejected. An application dated 31.5.2018 was filed to recall the aforesaid order, the same was also rejected by the court below on 24.7.2018. Aggrieved against the aforesaid orders petitioner has preferred present petition.
It is argued by Sri Udai Chandani counsel for the respondents no.1 to 3 that in the aforesaid suit an application was filed by the plaintiff for appointment of receiver. The said application was rejected by the court below. Aggrieved against the aforesaid order First Appeal From Order No.436 of 1987 was filed by the Kanchan Prasad and others. The said first appeal from order was finally decided by a Coordinate Bench of this Court vide order dated 17.12.2019. By the aforesaid order the relief sought by the plaintiff in first appeal from order was turned out. Further observations were made that the matter is pending almost from 38 years. While disposing of aforesaid first appeal from order on 17.12.2019 certain observations were also made in the aforesaid judgment to the effect that the suit is pending from last about 38 years.
Today when the matter was taken up it is fairly argued by Sri Udai Chandani, counsel for the respondents that he has no objection in case the petitioner will be permitted to cross examine the D.W. (Defendant Witness).
In this view of the matter, present petition is allowed. The order dated 31.5.2018 and 24.7.2018 passed by learned Additional District Judge Court no.2, Deoria is hereby set aside. The Court below namely Additional District Judge Court no.2, Deoria is directed to pass appropriate orders for cross examination of defendant witnesses most expeditiously and preferably within a period of one month from the date of production of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad. Since the suit itself is pending since 1982 and more than 38 years have already lapsed, the court below is further directed to decide the aforesaid suit most expeditiously and preferably within a period of six months.
Order Date :- 23.2.2021 Pramod Tripathi