Court No. - 4 Case :- WRIT - C No. - 46861 of 2010 Petitioner :- Smt. Jagda Devi Respondent :- Smt. Savitri Devi And Another Petitioner Counsel :- V.K. Dixit Respondent Counsel :- S.P. Singh Hon'ble Prakash Krishna,J.
The present writ petition is directed against the order passed on application
59-C filed by the petitioner, defendant for getting thumb impression of Nathu
Lal examined on the sale deed dated 28th January, 1998 with the record of the
Sub Registrar dated 9th April, 1997. The suit is pending since the year 2000.
The evidence was closed on 28th November, 2007. Thereafter, on 4th
December, 2007, the above application was filed. The two courts below have
held that the said application is not bonafide one and has been filed just to
delay the suit. Be that as it may, since the order impugned in the writ petition
is interlocutory in nature, the Court is not inclined to interfere under Article
226 of the Constitution of India in the present writ petition..
The writ petition is dismissed summarily.
However, it is provided that the trial court shall proceed to dispose of the suit
expeditiously, preferably within a period of six months from the date of
production of the certified copy of this order.
(Prakash Krishna, J)
Order Date :- 11.8.2010
MK/