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2021 (2) TMI 304 - HC - Benami PropertyProhibition of Benami Property Transactions - property got by succession - plaintiff entitlement of estate of deceased - plaintiff are joint owners, possessors and successors of property - fabricated document styled as a sale deed - As contended that the 18th respondent is a conspirator along with the vendors’ - According to petitioner, the 18th respondent and its Directors are not innocent and bona fide purchasers of the property under the registered Sale Deed - HELD THAT:- The Written Statement filed by the 18th respondent is filed as Annexure P.14 in the Writ Petition and it discloses a substantial defence to the claim in the suit made by Saheb Zadi Mubarak Begum. There are several disputed questions of fact which arise for consideration in the suit. Whether the plea of the plaintiff is true or whether the stand of the 18th respondent / 8th defendant in the above suit is true, are matters to be gone into in the said suit after trial, and it is not necessary for us to express any view in the matter.The petitioner is set up by the said Saheb Zadi Mubarak Begum/plaintiff to file this Writ Petition in order to avoid any suspicion against her and that he is colluding with her and supporting her in the suit. Petitioner and plaintiff in the above suit, by leading evidence in the suit, and by cross-examining witnesses for respondent no.18, can prove their contentions in the suit. This Court is not inclined to go into the several contentions advanced in the Writ Petition and conduct a parallel enquiry to that which would happen in the civil suit when it would go to trial. Nor is it inclined to express any view on the respective contentions of the parties. Petitioner wants this Court to do a roving enquiry into the affairs of the Registration Department and the business affairs of respondent nos.14 to 35 and cull out, using this forum, information which could be used by him or the plaintiff in the above suit, to black mail or coerce the 18th respondent to some sort of settlement, if possible. This Court cannot allow itself to be used as a private investigator by the petitioners to prove their contentions in the civil suit or to coerce the respondents 13 to 35 in the Writ Petition. Also, solely on the basis of suspicions and assumptions of the petitioner, we do not deem it appropriate to cast aspersions on officers of Government Departments like respondent nos.8 to 10. We are of the opinion that filing of this Writ Petition is an abuse of process of Court and that the Writ Petition does not deserve to be entertained by this Court.
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