Rita Devi v. Sona Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12711 of 2015 ======================================================

1. Rita Devi Wife of Sri Ganga Prasad, resident of mohalla - Lal Kothi, P.S. - Katihar Town, District - Katihar.

.... .... Petitioner/s

Versus

1. Sona Devi Wife of Sri Mahesh Ram, resident of Anathalaya Road, Katihar, P.S.- Katihar Town, District - Katihar at present residing at house of Nirmala Devi, wife of Sarjug Baitha, Qr. No. 3ME/3/3/2, Bahadurpur Housing Colony, Patna - 26.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 05-05-2016 Mr. Bimal Kumar, learned counsel for the petitioner. Admittedly, the dispute is whether the LTI on the gift deed executed by the respondent in favour of the petitioner is the LTI of respondent or not. Therefore, it is necessary to examine the expert and the court below by the order dated 03.07.2015 passed in Title Suit No. 101 of 2003 directed to take the finger print of respondent so that it may be compared.

In view of the above factual position that opinion of the expert is essential I find no reason to interfere with the impugned order. Accordingly this writ application is dismissed. (Mungeshwar Sahoo, J) siddharth/- U