[2025:RJ-JP:4482] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8212/2024 Surendra Kumar Yadav Son Of Shri Patram Yadav, Resident Of Gram Sarkanpur, Tehsil Tijara, District Alwar (Raj.) ----Petitioner Versus Manoj Kumar Son Of Shri Gajraj Singh, Resident Of W.z. 290, Madipur, New Delhi And Nanaghedi, Tehsil Tijara, District Alwar (Raj.) ----Respondent For Petitioner(s) : Mr. Prahlad Sharma For Respondent(s) : Mr. Jairaj Tantia HON'BLE MR. JUSTICE SUDESH BANSAL Order 31/01/2025 1. Since further proceedings of the civil suit are stayed, application (IA No.1/2024) for early listing filed by respondent- defendant, is allowed. 2. With the consent of counsel for both parties, the writ petition has been heard finally on merits at this stage itself. 3. By way of filing instant writ petition under Article 227 of the Constitution of India, petitioner-plaintiff has raised a grievance against closure of his evidence in the civil suit for specific performance and simultaneously a challenge has also been made to the interlocutory order dated 29.04.2024 passed in Civil Suit No.34/16/2023 by the Court of Additional District and Sessions Judge No.2, Tijara, District Alwar, closing plaintiff’s evidence. 4. Having heard counsel for both parties on merits for some time and considering the nature of civil suit and the fact that civil [2025:RJ-JP:4482] (2 of 2) [CW-8212/2024] suit has been filed recently in the year 2023 and plaintiff states to pay an amount of Rs.90,00,000/- as an advance to defendant against the sale agreement, in order to secure the ends of justice, this Court deems it just and proper to grant an opportunity to the plaintiff to adduce his evidence subject to payment of cost. 5. Accordingly, with the consent of counsel for both parties, the cost of Rs.10,000/- is leveled upon the plaintiff, payable to the respondent-defendant. 6. As a final result, subject to payment of cost, the impugned order dated 29.04.2024, closing plaintiff’s evidence is set aside. Plaintiff is granted an opportunity to adduce his complete evidence. The trial Court shall fix a date for producing the evidence of petitioner-plaintiff. Plaintiff may produce his entire evidence before the trial Court on the date fixed by the trial Court or if not, complete on that day, then continue on the succeeding dates. 7. With the aforesaid direction, instant writ petition stands disposed of. 8. The interim order dated 04.07.2024, stands vacated. 9. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/125