KAMESHWAR PRASAD SHARMA Vs. SAIDUN KHATOON

JUDGEMENT

(1.) Seeking quashing of order dated 11.08.2005 in Title Appeal No.24 of 2003 whereby, the application under Order 41, Rule 27 Civil Procedure Code has been dismissed, the present writ petition has been filed.

(2.) The brief facts of the case are that, a title suit being, Title Suit No.12 of 1986 was filed by the petitioner seeking a declaration of right, title and interest over the suit property. The case of the plaintiff is that the suit property was purchased by the original defendant vide Sale Deed dated 10.01.1962 who, in turn conveyed the same in favour of the plaintiff vide registered Sale Deed dated 25.05.1966 and the plaintiff is in possession thereafter. A proceeding under Sec. 144 Cr.P.C was initiated between the plaintiff and the original defendant. The defendant appeared in the proceeding of the present suit and filed written statement, challenging the sale deed as a false, forged and manufactured document. The suit was dismissed vide order dated 29.07.2003 and the petitioner preferred Title Appeal No.24 of 2003. The petitioner, for the first time, came to know about sale deed executed by one Jagannath Prasad in the year, 1982 and thus, he filed an application under Order 41, Rule 27 Civil Procedure Code in the pending Title Appeal. The said application dated 11.03.2005 has been dismissed by the trial court. Aggrieved, the petitioner has approached this Court.

(3.) Heard learned counsel appearing for the petitioner and perused the documents on record.