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Judgment
Rajiv Sharma, J.—This petition is directed against the order dated 4.3.2014 passed by the Civil Judge (Senior Division), Court No. 1, Amb, District Una in case No. 136-1/08.
Pertinent facts necessary for the adjudication of this petition are that plaintiffs-respondents (hereinafter referred to as the "plaintiffs" for convenience sake) have filed a suit for declaration that they and proforma respondents proforma defendants are joint owners in possession of the property in dispute on the basis of Hindu Succession Act and the "will" dated 26.6.2008 executed by deceased Chanchala Devi in favour of the petitioner-defendant (hereinafter referred to as the "defendant" for convenience sake) is result of fraud, misrepresentation and undue influence.
The written statement was filed by the defendant. Issues were framed on 8.9.2009. Plaintiffs closed their evidence on 20.1.2011. It is apparent from the order sheet that defendant has been granted numerous opportunities to lead his evidence. Matter came up before the trial court on 4.3.2014. It is evident from the order dated 4.3.2014 that last opportunity was granted to the defendant to produce the DWs. Defendant had sought last opportunity for producing DWs, subject to cost. Learned trial court after noticing that 14 opportunities have already been granted to the defendant for production of DWs, no further opportunity was granted for production of DWs. Even last opportunity had already been granted for production of DWs, subject to costs and despite that DW''s were not produced.
The suit was filed in the year 2008. Defendant has considerably delayed the adjudication of the matter. There is neither any illegality nor any perversity in the order dated 4.3.2014 whereby defendant''s evidence has been closed and the matter was fixed for arguments on 11.4.2014.
Accordingly, there is no merit in the petition and the same is dismissed. Stay order dated 7.4.2014 is vacated. Trial court shall hear the arguments on the date to be fixed. Pending application(s), if any, also stands disposed of. No costs.