1. Case taken up. Learned Counsel for Petitioner as well as Respondent is present.

2. It was mentioned that only PW-1 was the witness, who was examined in chief by way affidavit and then in cross-examination. The rest of the two witnesses were to be produced by Petitioner, were neither produced, nor got cross examined. Hence, the only testimony is of PW-1 there on record. The witnesses examined as of Respondent's witnesses, by way of filing their affidavit in examination in chief, have not been cross-examined, and this was because of the fact that Respondent didn't produce them for cross-examination.

3. Whereas, Learned Counsel for Respondent mentioned that it was Petitioner, who did not cross - examine those witnesses.

4. Now, the evidence filed by way of affidavit as examination in chief, if not produced for cross-examination, is with different merit, than the evidences produced in examination in chief but not in cross-examination. But, this fact is to be decided at the time of judicial decision making, by way of appreciating the burden of proof vis-à-vis onus to prove and the onus and burden exhausted, as per law of evidence. 

5. Written submission, if any, in context with above mentioned facts, by both sides after exchange in between, may be got filed within three weeks.

6. List the matter on 05.11.2026 “for further hearing”.