VINEET KOTHARI - (1.) THE petitioners � plaintiffs are aggrieved by the order dtd.14.7.2011 passed by the learned Additional Dist. Judge (Fast Track) No.2, Jodhpur Metropolitan in Civil Suit No.63/2000� Khem Chand and ors. V/s Shambhu Dutt and ors. whereby on the application filed by the plaintiffs under Order 22 Rule 2 C.P.C. for deleting the name of defendants Madan Mohan and Suraj Kaur from the array of defendants, father and mother of the plaintiff Khem Chand who claims interest in the suit property on the basis of Will executed by Suraj Kaur in favour of Madan Mohan and Madan Mohan in favour of present � plaintiff Khem Chand. The suit has been filed by the plaintiffs for cancellation of sale-deed in favour of Shambhu Dutt by Suraj Kaur and Madan Mohan.
(2.) THE learned counsel for the plaintiffs � petitioners, Mr. Vijay Vyas submitted that the learned court below in the impugned order while allowing the cross-objection of the plaintiffs upon enquiry under Order 22 Rule 2 C.P.C. has permitted the questions to the defendants' counsel about validity of the Will in question, which is likely to prejudicially affect the plaintiffs and therefore, such questions could not have been permitted in cross-examination. The learned counsel for the respondents, Mr. Shiv Ratan Soni has opposed these submissions and urged that the learned court below by the impugned order dtd.14.7.2011 has kept the objections of the plaintiffs open at the time of final hearing of the suit and therefore, no interference in the same is called for at this stage. He also informed the Court that the trial has not proceeded further for last one year though there is no stay on proceedings before the trial Court by this Court in the present writ petition, merely on account of pendency of writ petition for about one year. Having heard the learned counsels and upon perusal of the impugned order, this Court is of the opinion that the impugned order dtd.14.7.2011 is perfectly legal and justified and the same does not require any interference under Article 227 of the Constitution of India. The learned Court below has kept open the objections of the plaintiffs about their cross-objections and such objections are bound to be dealt with in the final judgment of the trial Court in the suit. The plaintiffs' of course will have right to agitate the matter in further appellate courts also, if they are aggrieved by the same. At this stage, no interference is called for in the present writ petition under Article 227 of the Constitution of India. Accordingly, the present writ petition of plaintiffs being devoid of merit is accordingly dismissed. No order as to costs. A copy of this order be sent to the trial court forthwith.;