Neutral Citation No. - 2025:AHC-LKO:45226 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4664 of 2025 Petitioner :- Smt. Ashu Gupta, Thru. Power Of Attorney Madan Lal Gupta Respondent :- Civil Judge Junior Division Hawali Lko. And 2 Others Counsel for Petitioner :- Syed Asaghar Mehdi,Manish Mani Tripathi Counsel for Respondent :- Aprajita Bansal Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Ms. Aprajita Bansal, learned counsel has accepted notice on behalf of the respondents No.2 and 3. By means of the instant petition, the petitioner has approached this Court with the prayer to expedite the suit for mandatory injunction preferred in the year 2020 bearing R.S. No.2098 of 2020, which is pending before the Civil Judge (Junior Division), Hawali, Lucknow. The submission is that the pleadings have been exchanged and the plaintiff has also filed his written statement. The issues have been framed. Thereafter, the matter was listed for cross- examination of the plaintiff's witnesses. However, since, the defendants are not cooperating, accordingly, long dates are being fixed. The Court has considered the aforesaid submissions and also perused the material on record including the extracts of the order-sheets, which have been brought on record as Annexure No.3. It is surprising to note that once the evidence had commenced and the plaintiff's witnesses are under cross-examination, the matter, as indicated from the record, was listed on 09.07.2025 and thereafter it has been ordered to be listed almost after three months i.e. 08.10.2025. It is now well settled that once the matter is under trial and it is fixed for cross-examination, so far as possible, the matter is to be taken up day to day basis or by fixing short dates. However, fixing a date of three months is by any change is not appreciable. Considering the aforesaid and without entering into the merits of the case, the petition is disposed of with direction to the Court of Civil Judge (Junior Division), Hawali, Lucknow that in case if the plaintiff moves an application for preponement of date, the same shall be considered and appropriate date be fixed, so that the evidence of the witnesses is concluded. The defendants of the suit, who are the respondents No.2 and 3 before this Court, are also directed that they shall cooperate and in case if any of the parties do not extend their cooperation, it will be open for the trial Court concerned to pass appropriate orders in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 5.8.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench