Manipur High Court
Khaidem Kalachand Singh vs Khundrakpam Banakanta Singh on 11 April, 2025
Item No. 29
KHOIROM Digitally signed by
KHOIROM
BIPINCHAN Date: 2025.04.16SINGH
BIPINCHANDRA IN THE HIGH COURT OF MANIPUR
DRA SINGH 16:29:03 +05'30' AT IMPHAL
CRP(C.R.P. Art. 227) No. 49 of 2024
Khaidem Kalachand Singh
... Petitioner
- Versus -
Khundrakpam Banakanta Singh
... Respondent
BE FO R E
HON'BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR
O R D E R
11.04.2025
[1] Mr. M. Rarry, learned senior counsel appears for the petitioner and
Mr. N. Rameshwor, learned counsel appears for the respondent.
[2] The learned senior counsel appearing for the petitioner submits that
the defendant/petitioner herein file a suit being O.S. No. 54 of 2017 for declaration
under Section 34 of the Specific Reliefs Act, 1963, redemption of mortgage with
consequential reliefs of prerpetual injuction. Issues were framed on 02.03.2019
and thereafter, list of witnesses was submitted by plaintiff/respondent herein on
28.03.2019 and list of witness was submitted by defendant/petitioner herein on
22.04.2019, thereafter the P.W. filed affidavit and it was examined on 15.11.2022,
on 16.01.2023 the P.W. No. 1 was examined and the Ld. Civil Judge fixed the case
on 20.02.2023 for re-examination of P.W. No.1 and P.W. No. 2 evidence.
[3] The learned senior counsel appearing for the petitioner submits that
the documents P.W.1/A/4 was allowed to be filed subject to payment of costs of
Rs. 300/- within 15 days from the date of order i.e. 15.11.2017; but, the costs
were not paid. It is also submitted that the document was exhibited without costs
being unpaid. The same may be taken up during hearing in a proper manner.
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[4] In the circumstances, no further examination of P.W. No. 1 is
required and therefore, the present petition has been filed before this Court.
[5] The learned counsel appearing for the respondent fairly submits that
he has no objection in allowing the petition filed before this Court only in respect
of re-examination of P.W. No. 1.
[6] At this juncture, both the learned counsel for the parties informed
this Court that the said suit has been filed in the year 2017 and the case has been
pending more than 8 (eight) years.
[7] In the circumstances, the said order dated 16.01.2023 is set aside
directing the Trial Court to proceed with the re-examination of P.W. 2 at the
earliest within a period of 6 (six) months from the date of receipt of a copy of this
order.
[8] It is made clear that considering the observation made in the order
passed for non-payment of costs, this Court will not interfere with the said
observation, only in respect of re-examination of P.W. No. 1 alone.
[9] With the above direction and observation, the present petition is
allowed.
CHIEF JUSTICE
Bipin
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