MUNICIPAL CORPORATION Vs. ROSHINI

JUDGEMENT

(1.) The case has been taken up for hearing through video conferencing.

(2.) The petitioner-Municipal Corporation, Gurugram has filed the present revision petition under Article 227 of the Constitution of India for quashing/setting aside order dated 22.01.2020 passed by learned Civil Judge (Junior Division), Gurugram in Civil Suit No.2649 of 2016 titled 'Roshni Vs. C.R.O. Cum Tehsildar, Gurgaon and others' whereby evidence of defendant No.4 was closed.

(3.) Briefly stated the facts relevant for disposal of the present revision petition are that respondent No.l-plaintiff-Roshni, claiming herself and her brother Rohtas to be in possession of land measuring 1 kanal 8 marla and 6 sarsai situated within the revenue estate of village Behrampur, Tehsil and District Gurugram as Bhondedar, filed suit for declaration and mandatory injunction against the petitioner and proforma respondents No.2 to 4. The suit was contested by the petitioner by filing written statement. Issues were framed on 02.03.2017. Evidence of the petitioner was closed on 22.01.2019 and the case was adjourned to 06.03.2019 for the evidence of the defendants. No evidence of the defendants was present on 06.03.2019 and 15.05.2019. Examination-in-Chief of DW-1 Harkesh produced by the petitioner was recorded on 21.08.2019 but his cross-examination was deferred to 25.09.2019 and thereafter to 22.01.2020. DW-1 Harkesh could not appear on 22.01.2020 on which evidence of the defendants was closed by the Court and case was adjourned for rebuttal evidence.