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2019 DIGILAW 593 (HP)

Cheryl Templeton v. Sqn. Ldr. Sukhjit Singh Sidhu (retd. )

2019-05-15

AJAY MOHAN GOEL

body2019
JUDGMENT Ajay Mohan Goel, J. - By way of this petition filed under Article 227 of the Constitution of India, petitioners/defendants have prayed for the following reliefs:- "It is therefore most respectfully prayed that this petition may kindly be allowed and the order dated 12.07.2018 passed by the Ld. Civil Judge (Senior Division) Kangra at Dharamshala, on an application under section 151 CPC in RBT Civil Suit No. 28/2014/2006, titled Sukhjit Singh vs. Cheryl Templeton and another, whereby the Ld. Court has allowed the application filed by the plaintiff respondent, may be set aside with costs throughout and the Ld Court may be directed to pronounce the judgment on the basis of the material before it. Any other order that this Hon''ble Court deems fit and proper in the facts and circumstances of the case, may also be passed in favour of the petitioners/ defendants/non-applicants and against the plaintiff/respondent/applicant in the interest of justice." 2. Brief facts necessary for adjudication of the petition are as under:- Respondent/plaintiff (hereinafter referred to as plaintiff) filed a suit against present petitioners/defendants in the year 2006 praying therein that defendants be ordered not to interfere over the vacant possession of the land comprised in Khasra No. 1919/1612, situated at Mohal Mcloedganj, Tehsil and District Kangra (described in the plaint), to the plaintiff by passing a decree of possession in favour the plaintiff and that defendants be restrained from changing the nature of the suit land during the pendency of the suit or from creating any third party interest in the suit property. A decree for a sum of Rs. 3,00,000/- being damages for illegal possession of the suit property was also prayed by the plaintiff against the defendants. 3. The suit was initially filed in this Court. Vide order dated 15.06.2009, the suit was transferred to the Court of learned District Judge, Kangra at Dharamshala, in terms of Notification dated HHC/Pj/93-1, dated 21.2.2009. Record further demonstrates that vide order dated 12.3.2014, the case was ordered to be transferred to the Court of learned Civil Judge (Sr. Division), Kangra at Dharamshala, in view of pecuniary jurisdiction of Civil Judge (Senior Division) being enhanced up to Rs. 20,00,000/- vide notification No. HHC/Pj/93-I-27023-32, dated 03.10.2013. 4. Record further demonstrates that vide order dated 12.3.2014, the case was ordered to be transferred to the Court of learned Civil Judge (Sr. Division), Kangra at Dharamshala, in view of pecuniary jurisdiction of Civil Judge (Senior Division) being enhanced up to Rs. 20,00,000/- vide notification No. HHC/Pj/93-I-27023-32, dated 03.10.2013. 4. At that stage, statement of defendants'' witnesses were being recorded and an application stood filed under Order XI, Rule 17 of the Code of Civil Procedure by the defendants for amendment of the written statement. 5. Said application was dismissed by the Court of learned Civil Judge (Sr. Divn.), Kangra at Dharamshala, on 07.09.2015. This Court (High Court of HP) set aside the order of learned trail Court dismissing the application for amendment of the written statement. Thereafter replication to the amended written statement was filed before the learned trial Court. Time was granted for framing of additional issues. Proposed issues were filed by the defendants only. Witnesses were examined thereafter by both plaintiff and defendants and on 10.03.2017, learned Court below after closing the rebuttal evidence of the plaintiff, listed the case for arguments on 25.03.2017. 6. Record further demonstrates that arguments were partly heard on 03.04.2017 and the same were finally heard on 13.04.2017 and thereafter the case was ordered to be listed for Order on 27.4.2017. 7. Thereafter, the matter was listed on the following dates: 11.5.2017, 17.5.2017, 29.5.2017, 09.06.2017, 17.6.2017, 27.6.2017, 10.07.2017, 25.7.2017, 3.8.2017, 10.8.2017, 21.8.2017, 31.8.2017, 07.09.2017, 18.9.2017, 22.09.2017, 07.10.2017, 2.11.2017, 3.11.2017, 13.11.2017, 18.11.2017, 12.12.2017, 22.12.2017, 26.12.2017, 30.12.2017, 04.01.2018, 10.01.2018 and 20.01.2018. 8. On 20.01.2018, the following order was passed:- "Order is not ready having voluminous record. Be put up for order on 26.2.2018. long date given as there are civil vacations." 9. Thereafter, on 26.2.2018, the following order was passed:- "Order not ready. Put up for order on 06.03.2018." 10. On 6.3.2018, the following order was passed:- "Re-heard on material point. Put up for order on 16.3.2018." 11. Thereafter the case was listed on 16.3.2018, 29.3.2018, 09.04.2018 and 12.4.2018, but the Order was not announced as the same was not ready. 12. On 12.04.2018, the case was listed for pronouncement of