GAURI SHANKAR Vs. DISTRICT JUDGE CHANDAULI

JUDGEMENT

(1.) THE petitioner has instituted the instant writ petition for a writ in the nature of certiorari quashing the impugned order dated 30.5.2001, contained in Annexure 1 to the writ petition, passed by the District Judge Chandauli - respondent No. 1 as well as order dated 8.5.2001, contained in Annexure 2 to the writ petition passed by Civil Judge, (Junior Division) Chandauli - respondent No. 2 and has also prayed for other consequential reliefs.

(2.) BRIEFLY stated, the facts of the case are that the petitioner filed suit No. 90 of 1994 on 3.2.1994 before the then Munsif Chandauli, district Varanasi (now district Chandauli) for a decree of cancellation of alleged registered Gift -deed dated 22.11.1983 which was allegedly executed by Smt. Kastoora Devi in favour of Ram Awadh, Ram Prasad, Ram Pratap, Vijay Ram and Trilochan - the defendant Nos. 1 to 5. The subject matter of the disputed property is plot Nos. 363, 380 -A and 66 having area of 2.95 acres. The petitioner alleged that Ram Tahal died on 26.1.1965 and on his death, a registered family settlement was entered into between petitioner and Smt. Kastoora Devi, widow of late Ram Tahal and her daughters. In pursuance of the aforesaid family settlement, a sum of Rs. 6000/ - each was paid to all the four daughters of Smt. Kastoora Devi and they relinquished their claim in the property of Ram Tahal. After the death of Ram Tahal, Smt. Kastoora Devi executed a will on 29.8.1983 in favour of the petitioner. Subsequently, she executed a registered will on 31.7.1987 in favour of the petitioner. Smt. Kastoora Devi remained owner in possession of the property in dispute till her death and the petitioner claimed that he succeeded to the property left by Ram Tahal and his widow -Smt. Kastoora Devi on the basis of the aforesaid two wills. Smt. Kastoora Devi also died on 4.8.1987.

(3.) THE suit was contested by the defendant Nos. 1,2,3,5,6 and 8 and Harpal Pandey the substituted defendant No. 7/1,7/2 and 7/3 by filing separate written statements and they denied the plaint allegations. The petitioner moved an application in the suit before the concerned court on 19.5.2000 (paper No. 52 -C) for expert opinion of the thumb impression of Smt. Kastoori Devi on the alleged gift deed dated 22.11.1983. He also moved an application on 4.8.2000 for summoning the original file of Case No. 196 of 1984 - Smt. Kastoora Devi v. Chekhur and Ors. which was in regard to the dispute over property situated in village Jamdeeh, Pargana Barhawal District Varanasi and decided by Sub Divisional Officer, Chandauli on 6.5.1986. In that case, the admitted thumb impression of Smt. Kastoora Devi was available. The trial court allowed the application of the petitioner on 19.5.2000 for expert opinion for comparision of the admitted thumb impressions of Kastoora Devi on record of case No. 196 of 1984 with her thumb impression on the gift deed dated 23.11.1983. Another application of the petitioner for summoning record of case No. 196 of 1984 - Smt. Kastoora Devi v. Chekhur and Ors. was also allowed by the trial court vide order dated 18.8.2000.