GURMAIL SINGH Vs. RAJINDER KAUR

JUDGEMENT

(1.) INVOKING supervisory jurisdiction of this Court under Article 227 of the Constitution of India, the petitioners have prayed for setting aside order dated 22.10.2012 passed by the court of Civil Judge, Amloh whereby opportunity to cross examine two witnesses already examined was declined.

(2.) RESPONDENT No.1 had filed a suit for possession by way of specific performance of an agreement dated 21.7.2001 executed by respondent No.2 in her favour pertaining to land measuring 39 bighas 1 biswas as per details in the suit, and declaration was also sought to the effect that the sale deed dated 11.3.2002 executed by respondent No.2 in favour of respondent No.3 and subsequent sale deed of 6.11.2002 executed by respondent No.3 in favour of the petitioners are false, fabricated, fake and being paper transaction were illegal and void ab initio. Consequential relief of permanent injunction was also sought restraining the defendants from selling, mortgaging or otherwise creating any type of charge on the suit property in any manner.

(3.) ISSUES in this case were framed on 4.12.2011, wherein issue No.6 inter -alia was as under: -