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2023 Supreme(Del) 2455

TUSHAR RAO GEDELA
Sanjeev Malhotra – Appellant
Versus
Molina Batra – Respondent


Advocates appeared:
Mr. Bhagat Singh, Advocate, for the Petitioner.
Mr. T. S. Ahuja, Mr. Varun S. Ahuja and Ms. Ridhi Kapoor, Advocate, for the Respondent.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode] CM APPL.8179/2023 (Exemption)

1. Exemption allowed subject to all just exceptions.

2. Application stands disposed of.

CM(M) 264/2023 & CM APPL. 8180/2023 (Stay)

3. The petitioner challenges the order dated 13.10.2022 in CS No. 18561/16 titled "S.S.L. Malhotra & Anr. Vs. Molina Batra" whereby the learned Trial court has dismissed an application filed by the petitioner seeking permission of the learned Court to summon the handwriting expert to lift the admitted and questioned signatures of the respondent on the agreement to sell and the other admitted documents already placed on record for forensic examination and report.

4. With the consent of the learned counsel appearing for the parties, the present petition is taken up for disposal today.

5. Mr. Singh, learned counsel appearing for the petitioner submits that the impugned order is perfunctory and there is no reason as to why the permission which was sought was rejected by the learned Trial Court.

6. Learned counsel draws attention of this Court to page 21 which is the agreement to sell, and particularly to the signatures purported to

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