LAKSHMAN CHANDRA PAKHIRA Vs. PURNA CHANDRA PAKHIRA

JUDGEMENT

(1.) THIS application is directed against the Order No.18 dated August 25, 2010 passed by the learned Civil Judge (Junior Division), 3rd Court, Tamluk in Title Suit No.73 of 2009 thereby allowing an application for appointment of a handwriting expert.

(2.) THE short fact is that the opposite parties instituted a suit being the Title Suit No.73 of 2009 against the petitioners for declaration, injunction and other reliefs. THE defendants are contesting the said suit by entering an appearance. THE plaintiffs challenged the deed dated July 17, 1960 contending, inter alia, that late Basudev Pakhira, father of plaintiff no.1 did not execute the said deed. Accordingly, on the prayer of the plaintiffs, a handwriting expert was appointed by the impugned order. Being aggrieved, this application has been preferred by the defendant nos.1 to 6.

(3.) IT may be recorded herein that one Nidhu Pakhira was the original owner of the 'Ka' schedule property measuring 10 decimals and 'Kha' schedule property measuring 7 decimals of land under R.S. Dag No.125, Khatian No.96 under P.S. Panskura, Purba Midnapore. He died living two sons, namely, Sarat and Sashi. Shasi had three sons, namely, Panchanan, Ratan (died as bachelor) and Basudev. Panchanan died living the defendants and Basudev died living the plaintiffs as heirs. The plaintiffs wanted that a handwriting expert should be appointed to verify the L.T.I. of Basudev Pakhira appearing on the deed dated July 17, 1960.