BUDHI TALUKDAR Vs. ALI AKBAR TALUKDAR

JUDGEMENT

(1.) Heard Mr. P Deka, learned counsel for the petitioners and Mr. AK Hussain, learned counsel for the respondent.

(2.) The present petitioners are the main defendants in Title Suit No. 102/2010 pending in the court of learned Munsiff at Bilasipara which was filed by the present respondents as the plaintiffs. The suit was for declaration, recovery of possession by evicting the defendants/ petitioners and for declaration of the sale deeds as null and void. The petitioners contested and filed the written statement stating that the plaintiffs/ respondents had no right, title, interest and possession over the D & E Schedule land and they purchased the land described in D & C schedule of the plaint. Both the parties adduced their evidence. An application was filed by the defendants/ petitioners for sending the signatures of the executants of the sale deeds marked as Exhibits A & C for examination by Forensic Experts which was allowed vide order dated 11.03.2014. Thereafter, a report was received from the Forensic Expert that for effective examination of the specimen signature some more signatures were required. But in spite of getting several opportunities, the defendants/ petitioners failed to take proper steps as per order of the court below and causing unnecessary delay in the suit for which the learned court below closed evidence of expert witness and fixed the suit for argument.

(3.) Being aggrieved the petitioners filed an application being No. 211 on 05.05.2015 seeking adjournment of the hearing of the argument and pass necessary orders to recall the PWs 2 & 3 for re-examination on the point of execution of the concerned sale deeds and for taking the specimen signatures afresh for proper investigation and examination through experts along with a direction to call for the original sale deed dated 22.12.2000 from the office of the Sub-Registrar, Bilasipara. The said petition was objected by the plaintiffs/ respondents thereby stating that the defendants' side earlier was provided opportunity to examine hand-writing expert and to take necessary steps to obtain the expert opinion. The forensic expert vide letter dated 09.07.2014 returned back all the documents informing the court of learned Munsiff to send the same with some more specimen signatures to the Finger Print Bureau, CID, Assam Police, Guwahati. Subsequent thereto no steps were there on the part of the defendants/ petitioners and as such the intent of the petitioners was to delay the disposal of the suit and sought for dismissal of the said application.