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SHAHEDA BEGUM AND ANOTHER versus CIVIL JUDGE SR. DIVISION ALLD. AND OTHERS

High Court of Judicature at Allahabad

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Shaheda Begum And Another v. Civil Judge Sr. Division Alld. And Others - WRIT - C No. 27754 of 2003 [2005] RD-AH 56 (4 January 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Rakesh Tiwari, J

  The petitioner has come up in this writ petition against an order dated 20.5.2003, relevant portion of which is as under :-

"mHk; Ik{k dks lquk rFkk I*k=koyh dk voyksdu fd;kA Jherh dqjS'kk csxe dks U;k;ky; esa ryc fd;s tkus gsrq mHk;Ik{k lger gSaA vr% 33&x izkFkZuk i= rnuqlkj fuLrkfjr fd;s tkus ;ksX; gSA

vkns'k

      33&x izkFkZuk i= Lohdkj fd;k tkrk gSA Jherh dqjS'kk csxe dks 9&7&03 dks U;k;ky; esa O;fDrxr #Ik ls I`kPNk gsrq izLrqr djsa A Vh0vk0bZ0 fu;r frfFk rd izHkkoh gksxkA

                             g0 flfoy  tts(d0Js0 )

                                                              bykgkckn"

Learned counsel for the petitioner contends that the above order was passed without hearing the petitioner.  A perusal of the above order shows that the order has been passed with the consent of the parties after hearing them and on perusal of record.  That being the position, this contention of the learned counsel for the petitioner is not tenable.  This is an order which has been passed with the consent of the parties.

The petitioner has challenged that Smt. Kuresha Begum is mentally unbalanced and the rejoinder affidavit has been filed by forging her signatures.  It appears from the rejoinder affidavit, annexed as Annexure 5 to the writ petition, that Smt. Kuresha Begum, the mother of Smt. Shaheda Begum, petitioner no. 1 has denied this claim of the petitioners and has stated that she is not of unsound mind and that she is willing to be examined by the court.  In paragraph 3 of the counter affidavit she has stated that: -

"3& ;g fd fjtkbUMj �?iFk i= dh /kkjk nks iw.kZr;k vlR;] dkYifud gS A eSa vius iwoZ izLrqr izfr �?iFk i= dh /kkjk ,d ds rF;ksa dh iqu% lEiqfLV dj jgh gwW A eSa �?iFk xzfg.kh ekkuuh; U;k;ky; esa mifLFkr gksdj vius mnxkjksa dks O;Dr d:axh A dq0 lkfygk csxe ds izLrko/pqukSrh dks eSa iwjh rkSj ij ekuus dks rS;kj gwWA  fd ekuuh; U;k;ky; esajs ekufld {kerk dh Loa; ijh{kk dj ys A"              

Smt. Kuresha Begum, mother of petitioner no. 1 is more than 80 years of age. The petitioners have been filing writ petition, first and second supplementary affidavits and today they have filed the third supplementary affidavit.  It appears that the petitioners are interested in lingering on this dispute so that she may die of old age and not to be able to be examined by court.  

  For the reasons stated above, the writ petition is dismissed as on the facts and in the circumstances that the impugned order is an interlocutory consent order, the writ petition is not maintainable. However, looking at the age of Smt. Kuresha Begum, it would be in the interest of justice that the court below be directed to examine her at the earliest possible. It is, therefore, directed that the court below shall examine Smt. Kuresha Begum within a period of one month from the date of production of a certified copy of this order by either of the parties.  The court below will examine as to whether Smt. Kuresha Begum is of unsound mind and whether affidavits filed on her behalf bear her signatures or her forged signatures so that any ambiguity with regard to aforesaid does not remain in existence.  No order as to costs.

Dated. 4.1.2005

kkb


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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