HANNA MALAKI AND ANOTHER Vs. VENUS AND OTHERS

JUDGEMENT

(1.) The petitioners have sought to quash the orders dated 25.7.2012 and 22.11.2012 passed by the trial court.

(2.) The evidence of the plaintiff was closed on 30.10.2009 and thereafter the case was fixed for defendant-petitioner's evidence. The defendant No.1 appeared in the court and tendered his affidavit on14.6.2010 and his cross examination was completed on 4.2.2011. Avinash Kumar (DW2) appeared on 25.5.2011 and tendered his affidavit in evidence and the matter was adjourned to 21.7.2011 for cross-examination. On the said date, he was partly cross examined. On 16.2.2012, he was again partly cross examined and the case was adjourned for 7.3.2012, but he could not appear on the said date due to some meetings and thereafter the case was adjourned to 28.3.2012. He appeared on the said date but could not be cross examined. Then again he was partly cross examined on10.4.2012 and was bound down for 3.5.2012. On 3.5.2012, he could not appear and the case was fixed for 23.5.2012. On the said date he appeared but was not cross examined and the case was adjourned to 25.7.2012 for his remaining cross examination but on the said date, the evidence of the defendant was closed.

(3.) Learned counsel for the petitioner has stated that he wants only the completion of the cross examination of Avinash Kumar DW-2 and he would also examine another witness and not beyond that.