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Date of Decision: 17th May, 2022 CM(M)-IPD 13/2022
SH SHIV BALAK GOSWAMI ..... Petitioner
Through: Mr. Manoj Kumar Sahu, Advocate.
Through: Mr. Rakesh Tiwari, Advocate.
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of. CM(M)-IPD 13/2022 & CM APPL. 19085/2022 (Stay)
3. By way of the present petition, Petitioner seeks setting aside of the orders dated 15.12.2021 and 31.03.2022, passed by the learned Trial Court in CS(COMM) 193/2020.
4. Grievance raised by the learned counsel appearing on behalf of the Petitioner is that vide the impugned orders, the learned Trial Court has directed that the evidence be recorded by the Local Commissioner, appointed by the Court whereas the parties never consented to the same and on the contrary raised an objection. It is submitted that the said direction is also contrary to law. 2022:DHC:1921 CM(M)-IPD 13/2022
5. I have heard the learned counsel and perused the impugned orders.
6. Perusal of the order dated 15.12.2021 shows that the learned Trial Court has recorded that both the parties agreed that evidence may be recorded by a Local Commissioner appointed by the Court. Pursuant thereto the Court appointed a Local Commissioner and directed the parties to appear before the learned Local Commissioner on 18.12.2021. The order was not challenged by the Petitioner.
7. When the matter was listed on 31.03.2022, both the counsels undertook to appear before the learned Local Commissioner and requested that the evidence be recorded as per the directions issued vide order dated 15.12.2021.
8. Faced with the question by the Court, as to why the writ petition has been filed challenging the impugned orders, after giving an undertaking before the learned Trial Court to appear before the learned Local Commissioner, for recording of evidence, learned counsel for the Petitioner seeks to withdraw the writ petition with liberty to file an appropriate application seeking recall of the impugned orders, before the Trial Court.
9. Petition is accordingly disposed of as withdrawn, along with the pending application, with liberty to file an application, as prayed for, in accordance with law.
JYOTI SINGH, J MAY 17, 2022 /rk