KULDIP KAUR Vs. NARINDER PAL KAUR

JUDGEMENT

(1.) TERSELY , the facts and material, which require to be noticed for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record are that, initially respondent No.1 -plaintiff -Narinder Pal Kaur daughter of Smt.Ajit Kaur (for brevity ''the plaintiff '') has instituted the civil suit for a decree of declaration with a consequential relief of permanent injunction, restraining petitioner -Kuldip Kaur wife of Malkit Singh and other proforma respondents -defendants(for short ''the defendants ''), from changing the nature and alienating the property in dispute, in any manner. The defendants contested the claim of the plaintiff, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) THE trial Court declined to adjourn the case, treated the cross -examination of the plaintiff as 'Nil' and listed the suit for rebuttal evidence and arguments, by virtue of impugned order dated 16.01.2014 (Annexure P -3).

(3.) AT the very outset, in exercise of power conferred under Article 227 of the Constitution of India, I hereby exempt the issuance of notice to respondent No.1 -plaintiff, in order to save her from the expenditure of counsel fees, litigation expenses in this Court and the delay in disposal of the suit, particularly when she can well be compensated with adequate costs in this context. Be that as it may, however, in case, she is aggrieved by the order, in any manner, she would be at liberty to file a petition to recall this order without accepting the costs.