SARLA GOEL Vs. SANGAM EDUCATIONAL SOCIETY, ALLHABAD

JUDGEMENT

(1.) This writ petition arises out of an unfortunate litigation which otherwise ought not to have seen the light of the day. One of the petitioners and one of the respondents are both known mostly to everyone connected with this High Court. I was therefore, little reluctant to deal with the matter but realizing that every other Hon'ble Judge like me would also be facing the same predicament and would like to recluse himself from dealing with it, I gave the Counsel for the parties an option to argue the matter before me or any other Judge. It is on their consent; and the confidence and faith expressed by them in this Court, that I proceed to hear the matter on merits.

(2.) The dispute between the parties is in respect of Nazul land No. 33/2 George Town and House No. 18-A, Lowther Road, George Town, Allahabad. It appears that the aforesaid property was converted into a free-hold property and a sale/lease deed in that respect was executed by the Additional District Magistrate (Nazul), Allahabad in favour of Sangam Educational Society, Allahabad, respondent No. 1 which was registered on 6.11.2003 before the Sub-Registrar, Sadar, Allahabad. Petitioners instituted Original Suit No. 1057 of 2006 for declaring the said deed dated 6.11.2003 to be illegal, void and inoperative. In the suit, defendant/respondents No. 1 to 3 adduced documentary evidence. Some of the documents adduced in evidence were paper No. 94/77C-1, 95/77C-2 and 96/77C-3. The said documents are in connection with grant of free-hold rights in the property in question on the application of the lessees/occupants of the property. The said documents purportedly bear signatures of some of the petitioners also. The petitioners are probably disputing the signatures of four of the petitioners on the said documents. Accordingly, they filed application No. 135-C dated 28.2.2012 that the aforesaid documents bear forged signatures of some of the petitioners and their hand-writing and finger-print expert, namely, Madan Mohan Kakkar be permitted to take photographs of the signatures appearing on the said documents in the presence of the parties or their Counsel, probably with a view to lead evidence to prove that the said signatures are actually forged. This application has been rejected by the impugned order dated 15.3.2012 and it has been upheld by the Revisional Court vide order dated 7.5.2012.

(3.) The above two orders have been impugned in the writ petition.