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2018 Supreme(Jhk) 220

SHREE CHANDRASHEKHAR
Kanai Paul, son of Nandalal Paul – Appellant
Versus
Binoy Bhusan Paul @ Binoy Pal, son of late Nandalal Pal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ayush Aditya, Adv. Mr. Abhishek Piyush, Adv. Mr. Munna Kumar, Adv.
For the Respondent: Mr. Vishal Kumar Tiwary, Adv.

JUDGMENT :

1. This writ petition was filed on 10.02.2011 and by an order dated 09.06.2011 operation of the impugned order dated 30.11.2010 passed in Title (Partition) Suit No.102 of 1980 was stayed by a co-ordinate Bench of this Court. Thereafter, this writ petition was listed for hearing only on 12.02.2018. The respondent put his appearance through his counsel way back in the year 2011 and thereafter, Mr. Vishal Kumar Tiwary, the learned counsel has filed Vakalatnama on 05.07.2017. Taking note of the delay in listing of this writ petition about seven years after this Court passed an order of stay on 09.06.2011, an enquiry was ordered by this Court. By this order the petitioner was permitted to produce additional documents, however, subject to payment of Rs.25000/-. However, the petitioner has not availed the liberty granted to him for producing additional documents vide order dated 12.02.2018. The respondent has also not filed any affidavit in the present proceeding. In the above facts, prayer for adjournment was declined. During course of the hearing, Mr. Vishal Kumar Tiwary, the learned counsel for the respondent has tendered a copy of order dated 01.04.2016 passed in Contempt Ca

















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