AI Structured Summary
Not yet generated for this judgment
Judgment
R.K. Merathia, J.
I.A. No. 553 of 2010
It is submitted that petitioner No. 1-Jagu Kharwar died during pendency of this writ petition on 18.12.2009, leaving behind his heirs, as mentioned in para 5, who may be substituted and on whose behalf, Vakalatnama has also been filed.
Heard.
The persons mentioned in para 5 are allowed to be substituted in place of deceased-petitioner No. 1.
I.A. No. 553 of 2010 is disposed of.
W.P.(C) No. 2524 of 2007
This writ petition has been filed against the order dated 13.2.2007, passed by learned A.D.J.-IV, F.T.C., Garhwa, in Title Appeal No. 32 of 2003, refusing the prayer of the petitioners for bringing on record two documents.
It is submitted that those documents were brought on record in the trial court by the petitioners but by inadvertence they could not be marked as exhibits and one document is a public document and other can be marked only by calling the records of relevant case.
Mr. Pravin Kumar, learned Counsel for the private respondents, supported the impugned order and submitted that petitioners may not be given benefit of their own laches.
In order to avoid multiplicity of proceeding and in the interest of justice, I am inclined to give one chance to the petitioners.
Accordingly, the impugned order is set aside. The prayer of petitioners is allowed. The parties are directed to cooperate in early disposal of the appeal. However, this order is subject to payment of cost of Rs. 7500/- ( Seven thousand Five Hundred only) by the petitioners in the court below within four weeks to the private respondents.
With these observations and directions, this writ petition is disposed of.