BALBIR SINGH JAMWAL Vs. RAJINDER SINGH JAMWAL

JUDGEMENT

(1.) PETITIONER case is that on 06th of October, 2001 he instituted a Civil Original Suit for possession and injunction in respect of four rooms, one store, two bath rooms and a temporary kitchen of House No. 6 -A, Extension, Gandhi Nagar, Jammu which is pending in the court of Learned Principal District Judge, Jammu. The cause for filing this petition is that even though issues have been framed in the year 2006 but no effective proceedings have taken place in the suit in as much as even the witnesses of the petitioner -plaintiff are not being examined. It is stated that defendants -respondents are taking adjournment on one pretext or the other before the court below. Petitioner thus submits that a direction may be issued to the learned trial Judge to expeditiously decide the case, and if any adjournment is sought by respondents that may be granted subject to payment of cost of Rs. 10,000/ - for every adjournment. It is further stated that petitioner is residing at Himachal Pradesh as he has no place to live at Jammu and has to come from Himachal Pradesh on each and every date of hearing to prosecute the suit.

(2.) HEARD learned counsel for petitioner. Considered the matter.

(3.) LEARNED counsel for petitioner submits that without any sufficient cause, respondents are using delaying tactics to frustrate the petitioner.