S.B. Civil Writ Petition No.15933/2010 Mst. Naseema and ors. VS. Hera Lal and ors. Dated : 06.12.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Pawan Choudhary, for the petitioners. *** By way of this writ petition, the petitioners have beseeched to quash and set aside the order dated 13th November, 2010 whereby the learned trial Court declined the petitioners to file further written statement on their behalf. Having heard the learned counsel for the petitioners and carefully scanned the impugned order as also the relevant material on record, it is noticed that the petitioners are the legal heirs of deceased Zakir Hussain. Zakir Hussain had already filed the written statement in the suit. The case was already pending for recording the statement of the defendants. Thereafter, the petitioners, who are legal heirs of the deceased Zakir Hussain, filed one more application to allow them to file written statement. Learned trial Court declined the prayer on the ground that the petitioners had stepped into the shoes of the deceased Zakir Hussain and the written statement had already been filed by Zakir Hussain in the suit. Thereafter no further pleadings were filed by the plaintiffs. Hence, there was no reason to file further written statement by the petitioners. -2- The Hon'ble Apex Court in the plethora of cases has consistently held that the High Court should not exercise under Article 227 of the Constitution where there is a finding of fact based on pleadings. The impugned order rendered by the learned trial Court is perfectly just and apt and this Court does not feel inclined to interfere with the impugned order. Hence, there being no merit in the writ petition, the same deserves to be dismissed at the threshold and the writ petition stands dismissed accordingly. (MAHESH BHAGWATI)J. Pcg item no.12