JUDGMENT (Oral)

1. This petition under Article 227 of the Constitution of India challenges an order dated 29th November, 2021 passed by the learned Additional District Judge ("the learned ADJ", hereinafter). A brief recapitulation of the proceedings as they transpired before the trial court is necessary.

2. Vide order dated 14th March, 2014, this Court - which was in seisin of the proceedings prior to their being transferred to the trial court vide order dated 5th March, 2016, consequent to enhancement of pecuniary jurisdiction of the trial court - noted that the defendant in the suit had set up an oral family settlement dated 26th January, 2003 which was subsequently reduced to a written memorandum of family settlement dated 27th September, 2009 and, therefore, that the defendant should adduce evidence in the first instance. The defendant was, therefore, directed to file affidavit in evidence.

3. The defendant led the evidence of ten witnesses who, over a period of time, were examined, cross examined and discharged. On 6th July, 2019, the evidence of DW-9 was closed. DW-10 was not present and bailable warrants were directed to be issued to secure his presence. The matter was