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Judgment
R.K. Merathia, J.—This writ petition has been filed for setting aside the order dated 27.01.2010 passed by the learned Sub Judge V, Jamshedpur in Title (Eviction) Suit No. 26 of 1996 closing the evidence of the defendant-petitioner.
It is submitted that Petitioner may be given a last opportunity in the interest of justice.
Mr. G. M. Mishra, learned Counsel appearing for the Respondent No. 1 submitted that in the earlier writ petition i.e., W.P.C. No. 3468 of 2006 disposed of on 31.8.2006 this Court directed to dispose of the suit within six months, but the Petitioner appeared in the suit two years thereafter and in spite of sufficient opportunity, he did not produce evidence and is delaying the disposal of this eviction suit which is pending since 1996.
In the circumstances, I am inclined to give one chance to the Petitioner. Accordingly, the impugned order is set aside subject to payment of cost of Rs. 5,000/-with the Secretary, Jharkhand State Legal Services Authority, Jamshedpur by the next date fixed in the trial cour.
The parties are directed to cooperate in early disposal of the suit. Respondent No. 1 will produce the concerned officers as witnesses for proving/disproving the documents filed by the Petitioner. No unnecessary adjournment will be granted to the parties. If any of them does not cooperate, the suit may proceed ex-parte. The suit should be disposed of as expeditiously as possible and preferably within six months from the date of receipt/production of the copy of this order.
With these observations and directions, this writ petition is disposed of.