IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5814 of 2010 1. Kalawati Devi W/O Ram Chandra Sah R/O Vill Sankha Bazar, P.O.Sankha, P.S.Uchakagaon, Via Mirganj, Distt-Gopalganj Versus 1. The State Of Bihar through Collector Gopalganj, Bihar 2. Sheojee Singh S/O Late Ramdhari Singh R/O Vill Jamsarh Bazar, P.O.Jamsarh, P.S.Uchakagaon, Distt-Gopalganj 3. Asha Devi W/O Sheogopal Sah R/O Vill Sathi, P.O.Sathi, P.S.Uchakagaon, Distt-Gopalganj 4. Mahant Sah S/O Lachi Sah R/O Vill Ekdarwan, P.O.Thawe, P.S. Thawe, Distt-Gopalganj 5. Suresh Prasad S/O Mahant Sah R/O Vill Ekdarwan, P.O.& P.S.Thawe, Distt-Gopalganj ---------------------------------- 6 19.09.2011 Heard Mr. Abhijeet Kumar Lal, learned counsel for the petitioner, learned counsel for the State and Mr. Naresh Prasad No.1, learned counsel for the respondent Nos.2 The writ petition has been filed questioning the order dated 10.04.2007 passed by the learned Sub-Judge-6, Gopalganj in Title Suit No. 226 of 2001 whereby the prayer made by the petitioner for appointment of a handwriting expert for comparison of the signature of the vendor as appearing on the sale deed dated 19.07.1977 with that of the sale deed dated 12.01.1988 (Ext.1) has been refused by the learned Court below inter alia on grounds that as the sale deed dated 12.01.1988 which has been marked as Ext.1 is not an admitted document by the defendant hence the signature of the vendor thereon cannot be allowed to be compared with the signature of the vendor on sale deed dated 19.07.1977. Learned counsel for the petitioner, after some arguments, seeks permission to withdraw this writ petition with a 2 liberty to allow him to lead such evidence containing the signature of late Ramprasun Sah the vendor of the four sale deeds which are on the records of the proceedings before the court below which is of such nature as would be admissible and not open to denial by the contesting parties. Permission is allowed. The writ petition is disposed of with the liberty aforesaid but with a word of caution that the petitioner in the process of leading evidence, would not cause unnecessary delay in the disposal of the suit and would lead such evidence expeditiously and not later than four weeks from today. Bibhash (Jyoti Saran, J.)