PUSHPENDRA SINGH BHATI,J. - (1.) The petitioners have preferred this writ petition under Article 226 and 227 of the Constitution of India, claiming the following reliefs: "I. By a writ, order or direction, the order dated 23.09.2017 (Anx.7) may kindly be quashed and set aside and in consequence the application filed by the respondent No.10 (Anx.5) may kindly be dismissed in toto. II. Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner. III. Cost of the writ petition may kindly be awarded to the petitioner."
(2.) Earlier this Court after hearing learned counsel for the petitioner has passed the following order on 01.11.2017: "The present writ petition has been preferred against the order dated 23.09.2017 whereby the learned Trial Court has order to send an agreement dated 17.10.1987 to the Station House Officer Police Station Rajiyasar, District Sriganganagar for FSL, pursuant to his application, while relying upon the judgment of this Court in case of Malaram v. State of Rajasthan and Anr., reported in 2013 (1) RCC (Raj.) 74. Learned counsel for the petitioners submits that while deciding the Malaram's case (supra), another judgment of coequal Bench namely Mahant Deepak Swami v. A.D.J. (FT) No.5, Jaipur City, Jaipur and Ors., reported in 2005 (5) Western Law Cases (Raj.) 496, duly affirmed by the Division Bench's in its judgment reported in 2005 (6) RDD 1924 (Raj) (DB) were brought to the notice of the Bench hearing it. Matter requires consideration. Issue notice. Issue notice of the stay application also. Both the notices be made returnable within six weeks. In the meanwhile, effect and operation of the order dated 23.09.2017 passed by learned Civil Judge, Suratgarh, District Sriganganagar in Civil Case No.105/2015, shall remain stayed."
(3.) This Court takes note of the fact that the petitioner had filed a suit for specific performance of the agreement dated 17.10.1987 against the respondent-defendant which was pertaining to one agricultural land situated at Chak 110 RDL Tehsil Suratgarh. The question involved in the present writ petition is that the learned court below vide order dated 23.09.2017 has allowed an application whereby the original agreement dated 17.10.1987 has been allowed to be given to the investigating officer at Police Station Rajiyasar for getting the agreement examined by a proper Forensic Science Laboratory report.;