JASIM ANSARI Vs. HABIB ANSARI

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder the order dated 26.03.2019 passed in Title Suit No.93 of 1996 has been assailed by which the petition filed by the defendant Nos.1 to 3, the petitioners herein, has been rejected by which the prayer has been made to recall P.W.-7 namely, Vijay Krishna Vidhyarthi for further cross-examination.

(2.) The brief facts of the case of the petitioners as would appear from the material available on record is that a suit has been filed being Title Suit No.93 of 1996 for declaration of the sale deed No.1065 dated 24.08.1936 executed by Rahmat Ali as illegal, inoperative and void document, obtained by fraud and also for permanent injunction.

(3.) The plaintiffs have filed a petition on 22.02.2011 for comparison of thumb impression appearing in the impugned sale deed dated 24.08.1936 with that of appearing in the sale deed dated 20.02.1970 executed by late Rahmat Ali but was dismissed vide order dated 24.03.2011 against which the plaintiffs have preferred a writ petition being W.P.(C) No.2014 of 2011 which was allowed vide order dated 21.12.2011 directing the trial Court to get the thumb impression compared by expert, accordingly, P.W.-7 examined the thumb impression appearing in the aforesaid sale deed and submitted his report, the said report has been marked as Exhibit-5.