JAHURAN BIBI Vs. AABID KHAN

JUDGEMENT

(1.) With the consent of the parties, the matter heard finally at the motion stage itself.

(2.) At the outset learned counsel for the petitioner submits that the contesting parties before the Court below are mother and sons. The petitioner/plaintiff had filed the civil suit for declaration of title and permanent injunction. The Mehar is one of the material issue. The petitioner/plaintiff may be given an opportunity on the basis of mercy. She will pay all the cost imposed before adducing evidence on behalf of the petitioner and further submits that respondents 1 and 2 may get an opportunity to adduce additional evidence in case they so advised. They will adduce their evidence before the Court below on a date fixed by the trial Court; they will produce their witnesses on their own responsibility. Hence, an opportunity may be granted for the same.

(3.) Learned counsel for respondent No.1 has opposed the above submission.