1. Leave granted in the special leave petition.
2. In Civil Appeal No. 2568 of 1998, by order dated 27th March, 2006, after noticing that order had been made by this Court on 5th May, 1998, for expeditious disposal of the suit which had not been disposed of despite lapse of eight years and even plaintiffs evidence had not commenced, it was directed that the suit shall be finally disposed of on or before 30th September, 2006, and, if necessary, evidence and arguments shall commence on day-to-day basis. LA. No. 5 has been filed by the appellants, who are plaintiffs in the suit seeking extension of time that was fixed for final disposal of the suit. This application was filed about a week before the time was to expire and further two months time was sought for final disposal of the suit. The prayer has been strenuously opposed by the respondents. It appears that the plaintiffs have not been diligent in prosecuting the suit inasmuch as even the application for appointment of Commissioner to record evidence was filed three months after this Court had directed final disposal of the suit by 30th September, 2006. A further development has taken place, The learned trial court, considering that the suit could not proceed since the plaintiffs have been seeking time for examination of the witnesses through Commissioner and, in the meantime, the time fixed by this Court had expired, declined the prayer for grant of further time, the same having been fixed by this Court, dismissed the suit itself for non-prosecution by order, dated 31st October, 2008, The order dated 31st October, 2006, is under challenge in appeal arising out of S.L.P. (C) No. 20586 of 2006.
3. We have heard the learned Counsel for the panics. It does appear that the plaintiffs have been leisurely proceeding with the suit which was filed about eleven years back and in spite of the order made on 27th March, 2006, for its final disposal by 30th September, 2006, even plaintiffs' evidence has not been led. Considering, however, the submission made before us that, under all circumstances, the plaintiffs will conclude their evidence within three months from today, we grant yet another final opportunity to the plaintiffs to prosecute the suit. In case the evidence is not concluded within three months, it shall stand automatically closed. Further, the extension of three months' time to conclude the evidence is granted to the plaintiffs on payment of cost of Rupees fifty thousand by them to the respondents-defendants in the suit. The cost shall be paid within a period of two weeks. The defendants shall conclude their evidence within three months after conclusion of the evidence of the plaintiffs. Another three months' time is granted for hearing of arguments and disposal of the suit. In short, the suit shall be disposed of within a period of nine months in the manner above indicated. We have already, directed that, if necessary, the evidence and arguments shall proceed on day-to-day basis.
4. I.A. No. 5 is allowed in the above terms. So also, civil appeal arising out of S.L.P. (C) No. 20586 of 2006 and the order of the trial court dated 31st October, 2006 is, accordingly, set aside.