Ram Laxman Janki And Another vs Hazi Mahfoojurrahman And Others on 22 July, 2010

Court No. - 4

Case :- WRIT - C No. - 28385 of 2010

Petitioner :- Ram Laxman Janki And Another
Respondent :- Hazi Mahfoojurrahman And Others
Petitioner Counsel :- N.D. Uapdhayay,Ravi Shanker Pathak

Hon'ble Krishna Murari, J.

Heard learned counsel for the petitioners.

After about 17 years of the filing of written statement, the
plaintiff-petitioners moved an application for issuance of survey
commission in order to establish identity of the land. The courts
below finding that not only the application has been moved with
inordinate delay but the sole purpose is to delay the disposal of the
proceedings and no survey commission can be issued in order to
create evidence in favour of any of the parties.

In view of the above, there is no illegality in the impugned order
which may warrant interference by this Court.

The writ petition accordingly fails and stands dismissed.

Order Date :- 22.7.2010
Dcs