SUDISTA MISHRA Vs. PRITHVI NATH PANDEY

JUDGEMENT

(1.) Petitioner before this Court is plaintiff of Title Suit No.79 of 2001 pending in the court of Sub-Judge-V, Siwan. He has filed this writ application for quashing the order dtd. 20/8/2010 whereby and whereunder the prayer of the defendant to adduce evidence was allowed.

(2.) Heard learned counsels for the petitioner and the respondents.

(3.) It appears that the petitioner has filed the aforesaid suit for declaration of his title over the suit property and also for injunction restraining the defendants from changing the nature of the suit property. In course of trial, the evidence of defendants was closed on 18/12/2003. The defendants filed Civil Revision No. 59 of 2004 which was dismissed as withdrawn with a liberty to the defendants to move before the court below. The defendant examined D.W. 18 and his case was again closed. The defendant filed a petition to permit him to adduce further evidence which was again rejected, against which, the respondents filed Civil Revision No. 52 of 2005 before this Court which was allowed on 9/3/2005 with an observation to hear the case without any adjournment to the respondents. The case was again closed and the respondents filed a petition on 19/7/2010 to re-open the case for recording evidence of Gangadhar Ram. His prayer was allowed as per impugned order dtd. 20/8/2010 against which the plaintiff has filed this writ application.