SHANTABEN MANILAL VAGHELA Vs. PRAVINBHAI MULJIBHAI UMARIYA

JUDGEMENT

(1.) The present writ petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking the following reliefs :-? "20(A) Your Lordships may be pleased to admit and allow this petition.

(2.) The case of the petitioner who is original plaintiff is that Regular Civil Suit No. 352 of 2016 came to be filed for claiming rights in the ancestral property by invoking the provisions contained under the Hindu Succession Act, 1956. During the course of adjudicating process of the suit, right to cross-?examination of defendant no. 4 came to be closed and, therefore, an application was given below Exhibit-?59 for re-?opening the stage of cross-?examination of defendant no. 4. The main reason for such closure which has taken place is that the learned advocates were changed during the passage of time and proper information was not made available. Earlier also, this kind of application was rejected vide order dated 22.0.2019 but then on 07.03.2019 another application below Exhibit-?62 came to be filed for re-?opening the stage of cross-?examination of defendant no. 4 as well as yet another witness who filed examination-?in-?chief in respect of defendants. The said application at Exhibit-?62 also came to be rejected vide order dated 19.03.2019. It has also been asserted by the petitioner that this suit is of the year 2016 and many more suits are pending much prior to the older one then the present suit. But for some reason in such a hot and hurried manner, the orders came to be passed rejecting the request and further more, no cogent reasons are assigned. As a result of this, left with no other alternative, the petitioner is constrained to approach this Court by way of the present petition.

(3.) In the present petition, notice was issued on 26.04.2019 and in the meantime, it was observed that it would be open for the petitioner to apply for adjournment before the court concerned, where the main suit is pending. Surprisingly, despite the fact that the process in the present proceedings is served to the other side, and though this Court is seized with the present proceedings, the court below has directed to proceed ahead with the main suit which has led the petitioner - original plaintiff to submit the civil application in the present proceedings praying for the following reliefs :-? "7(A) Be pleased to allow and admit this application;