P a g e 1 | 2 Item No. 29 IN THE HIGH COURT OF MANIPUR AT IMPHAL CRP(C.R.P. Art. 227) No. 49 of 2024 Khaidem Kalachand Singh … Petitioner - Versus - Khundrakpam Banakanta Singh … Respondent B E F O R E HON’BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR O R D E R 11.04.2025 [1] Mr. M. Rarry, learned senior counsel appears for the petitioner and Mr. N. Rameshwor, learned counsel appears for the respondent. [2] The learned senior counsel appearing for the petitioner submits that the defendant/petitioner herein file a suit being O.S. No. 54 of 2017 for declaration under Section 34 of the Specific Reliefs Act, 1963, redemption of mortgage with consequential reliefs of prerpetual injuction. Issues were framed on 02.03.2019 and thereafter, list of witnesses was submitted by plaintiff/respondent herein on 28.03.2019 and list of witness was submitted by defendant/petitioner herein on 22.04.2019, thereafter the P.W. filed affidavit and it was examined on 15.11.2022, on 16.01.2023 the P.W. No. 1 was examined and the Ld. Civil Judge fixed the case on 20.02.2023 for re-examination of P.W. No.1 and P.W. No. 2 evidence. [3] The learned senior counsel appearing for the petitioner submits that the documents P.W.1/A/4 was allowed to be filed subject to payment of costs of Rs. 300/- within 15 days from the date of order i.e. 15.11.2017; but, the costs were not paid. It is also submitted that the document was exhibited without costs being unpaid. The same may be taken up during hearing in a proper manner. KHOIROM BIPINCHAN DRA SINGH Digitally signed by KHOIROM BIPINCHANDRA SINGH Date: 2025.04.16 16:29:03 +05'30' P a g e 2 | 2 [4] In the circumstances, no further examination of P.W. No. 1 is required and therefore, the present petition has been filed before this Court. [5] The learned counsel appearing for the respondent fairly submits that he has no objection in allowing the petition filed before this Court only in respect of re-examination of P.W. No. 1. [6] At this juncture, both the learned counsel for the parties informed this Court that the said suit has been filed in the year 2017 and the case has been pending more than 8 (eight) years. [7] In the circumstances, the said order dated 16.01.2023 is set aside directing the Trial Court to proceed with the re-examination of P.W. 2 at the earliest within a period of 6 (six) months from the date of receipt of a copy of this order. [8] It is made clear that considering the observation made in the order passed for non-payment of costs, this Court will not interfere with the said observation, only in respect of re-examination of P.W. No. 1 alone. [9] With the above direction and observation, the present petition is allowed. CHIEF JUSTICE Bipin