- (1.) Heard Sri I.D. Shukla, learned Counsel for the petitioner and Sri Umesh Chandra Pandey, learned Counsel for the caveator. This writ petition has been filed challenging the order dated 29.10.2014 passed by Deputy Director of Consolidation, Faizabad whereby he has rejected the application filed on behalf of the petitioners for comparison of thumb impression. Briefly stated facts of the case are that petitioners claimed their title on the basis of registered will while Smt. Shanti Devi (opposite party No. 2) claimed her title on the basis of unregistered Will, which she claims to have been executed subsequently. Consolidation Officer upheld the Will executed in favour of Smt. Shanti Devi and decided the objection accordingly. This order was challenged before the Settlement Officer Consolidation, who upheld the order passed by the Consolidation Officer.
(2.) A revision has been filed against these two orders before the Deputy Director of Consolidation, which is pending. During the pendency of the revision, application has been filed by the petitioner for comparison of thumb impression available on the registered Will as well as sale-deed etc. This application has been rejected by the Revisional Court. This very order has been impugned in this writ petition.
(3.) It is vehemently submitted by Sri I.D. Shukla, learned Counsel for the petitioner that his application with the same effect was dismissed by Consolidation Officer as well as the Settlement Officer Consolidation, without giving any opportunity of hearing. Will executed in favour of Smt. Shanti Devi does not contain thumb impression of Sri Shiv Bahadur Singh.;