Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6105 of 2019 Petitioner :- Ajay Kumar Mishra Respondent :- Vikash Dixit (Diseased) And 3 Others Counsel for Petitioner :- Vipin Kumar Singh
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 19.07.2019, the court below in Misc. Case No.149/70/2015 has rejected the application 68Ga filed by the petitioner for obtaining an expert report in respect of the signatures of the testator Sudha Devi Dixit on an alleged un- registerd will-deed dated 9.6.2015. The Court has observed that the evidence of the plaintiff is over long back. Even substantial part of evidence of the defendant is also complete. The matter is at the stage of final hearing. The application has been filed only to delay the disposal of the proceedings.
After some arguments, counsel for the petitioner submitted that liberty be granted to the petitioner to challenge the impugned order along with final order which would be passed in the case.
Accordingly, the instant petition is disposed of with a liberty reserved in favour of the petitioner to challenge the impugned order along with final order to be passed in the proceedings.
(Manoj Kumar Gupta,J) Order Date :- 22.8.2019 Zafar