JAGDISH CHANDRA Vs. A D J

JUDGEMENT

(1.) THIS writ petition is directed against the second and third part of the order as passed by the learned Additional District Judge (Fast Track) No. 2, Bhilwara on 21. 9. 2007 in Civil Suit No. 110/2005.

(2.) BRIEFLY put, the relevant facts and aspects of the matter are that the petitioner is facing a suit for declaration, recovery of possession and perpetual injunction as filed by the respondents Nos. 2 and 3 in relation to the properties mentioned in paragraph 4, 5 and 6 of the plaint (Annex. 1 ). The plaintiffs have alleged their rights to the properties in question as being the descendants of Naval Ram and his adopted son Chauthmal; have alleged the agricultural land stated in paragraph 5 and 6 of the plaint having been given to the defendant No. 1 -petitioner for cultivation on share basis and the defendant having taken possession of the residential property on request. While alleging defendant No. 1 having fraudulently got the land transferred in his name; having refused to hand over the share of produce; and having also refused to hand over possession of the land in question, the plaintiffs have also alleged the defendant No. 1 having unauthorisedly alienated the land comprised in Araji No. 8014 in favour of the defendant No. 2 who has further transferred the same to the defendant No. 3. The plaintiffs have prayed for the relief of declaration about their title to the properties in question; for declaration against the documents pertaining to transfer of Araji No. 8014; for dispossession of the defendants from the suit properties and delivery of possession to the plaintiff; and for other reliefs in injunction and damages for use and occupation.

(3.) THE learned Judge thereafter extended an opportunity to cross-examine PW.-2 Mohan Lal and directed so; but the counsel for the defendant No. 1 made the statement that despite adjournment having not been granted, the witness would not be cross-examined. THE learned trial Judge observed that in such circumstances, there was no option except to close the cross- examination of PW. 2 Mohan Lal and ordered accordingly.