High Court Of ChhattisgarhWP227/434/2018dismissed

Ramnaini Bai v. Vidhi Narayan Shukla

2018-10-27Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No.434 of 2018 Ramnaini Bai D/o Yadunandan Prasad Agrawal, Aged About 58 Years R/o Akaltara, Tehsil Akaltara, District Janjgir- Champa, Chhattisgarh. Agriculture Village Dhurrabandha, P. H. N. 19, Tehsil Bhatapara, District Baloda BazarBhatapara, (Now) Chhattisgarh. ----Petitioner

Versus

1. Vidhi Narayan Shukla S/o Late Shri Shivshankar Shukla, Aged About 68 Years R/o Village Baloda Bazar, District- Baloda BazarBhatapara, (Now) Chhattisgarh. Agriculture Village Dhurrabandha, P. H. N. 19, Tehsil Bhatapara, District Baloda Bazar- Bhatapara, (Now), Chhattisgarh.

2. Smt. Chameli Yadu W/o Johan Yadu, Aged About 40 Years R/o Subhash Ward, Bhatapara, Agriculture Village Dhurrabandha, P. H. N. 19, Tehsil Bhatapara, District Baloda Bazar- Bhatapara, (Now) Chhattisgarh.

3. State Of Chhattisgarh, Through Collector, District- Baloda BazarBhatapara, Chhattisgarh ---- Respondents For Petitioner :

Mr.Govind Dewangan, Advocate For Res.No.1 and 2 :

None present though served For Respondent No.3 :

Ms Ashtha Shukla, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 27/10/2018

1. By the impugned order, the application for examination of sale deed filed by the petitioner/defendant No.1 dated 21.3.1972 by hand-writing expert has been rejected by the trial Court.

2. Learned counsel for the petitioner would submit that the impugned order is unsustainable and bad in law.

3. None present for respondents No.1 and 2 though served.

4. After hearing learned counsel for the petitioner and after going through the impugned order and in order to resolve the dispute completely, it would be expedient to grant opportunity to the petitioner to get the document examined by private hand-writing expert and to file report of such expert before the trial Court and to prove in accordance with law.

5. Accordingly, opportunity is granted. However, the petitioner is granted only three weeks time for the said purpose. If the said proceeding is not completed within three weeks, the trial Court shall proceed in accordance with law.

6. With the aforesaid observation, the writ petition finally stands disposed of. A copy of this order be sent to the concerned trial Court. No cost(s).

Sd/- (Sanjay K.Agrawal) Judge B/-