Neutral Citation No. - 2025:AHC-LKO:45316 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4703 of 2025 Petitioner :- Nand Kishore Tiwari Respondent :- Civil Judge (Junior Division) Hawali Lko. And 2 Others Counsel for Petitioner :- Sanjeev Kumar Shukla Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of respondent no.1 has been accepted by the office of Chief Standing counsel. By means of the instant petition, the petitioner has approached this Court with the prayer to expedite the application under Order 39 Rule 1 and 2 CPC bearing R.S. No.2861 of 2024, which is pending before the Civil Judge (Junior Division), Hawali, Lucknow. The submission is that the opposite parties do not filed their written statement despite time has been granted. Thereafter, the matter was listed for many dates without granting interim injunction and only notices have been issued to the opposite party nos.2 and 3. 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. It is surprising to note that the matter, as indicated from the record, was listed on 10.07.2025 and thereafter it has been ordered to be listed almost after three months i.e. 07.10.2025. 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 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench