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2016 Supreme(Raj) 84

PRASHANT KUMAR AGARWAL
Bhagwan Sahai – Appellant
Versus
Manoj Kumar – Respondent


Advocates Appeared:
For the Appellant : Mr.Ram Rakh Sharma
For the Respondent: Mr.Ritesh Jain

ORDER :

The plaintiff-petitioners have filed this Civil Writ Petition under Article 226 read with Article 227 of the Constitution of India against the order dated 12.02.2015 passed by the Additional District Judge, Dausa in Civil Suit No.57/2013 whereby the learned trial Court disposed of the application filed by the IO/SHO Police Station Sadar, Dausa with an observation that permission may be sought from Hon'ble Rajasthan High Court whether the original Will dated 12.09.2013 is to be handed over or not to IO/SHO for its examination by FSL.

Brief relevant facts for the disposal of this petition are that Civil Suit No.57/2013 was filed by the plaintiff-petitioners before District Judge, Dausa on 17.10.2013 for declaration and permanent injunction with averments amongst others that late Shri Damodar Das executed a will dated 12.09.2013 in favour of plaintiff-petitioners and some of the defendants. The original will was filed by them in the Court. Some of the respondent-defendants filed written statement and counter claim and alleged interalia that will dated 12.09.2013 is forged and fabricated and it does not bear signature of late Shri Damodar Das. FIR No.144/2014 for offences under S





































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