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2018 Supreme(Raj) 49

PUSHPENDRA SINGH BHATI
Chitwan Kothari – Appellant
Versus
Mohd. Ibrahim – Respondent


Advocates Appeared:
For the Petitioners: Mr. Deelip Kawadia
For the Respondents: Mr. Rakesh Arora

ORDER :

Pushpendra Singh Bhati, J.

The petitioners have preferred this writ petition for the following relief’s :-

"(a) by an appropriate writ, order or direction the order impugned order dated 07.03.2017 (Annex.6) passed by the learned District Judge, Udaipur in Case No. 173/11 may kindly be quashed and set aside and the application under Section 137 & 138 of Indian Evidence Act file by the present petitioners may kindly be allowed in toto.

(b) Any other writ, order or direction which is deemed just and proper by the Hon'ble Court in the facts and circumstances of the case may also be passed in favour of the petitioners.

(c) Cost of the writ petition may kindly be awarded in favour of the petitioners."

2. The facts as noticed by the Court are that a dispute arose on account of respondent no. 2 entering into an agreement to sell the property in-question to the respondent no. 1 while being the power of attorney holder of respondent no. 3. It is being claimed by the petitioners that they are having registered sale-deed of the property in-question in their favour. The respondent no. 1 is claiming execution of the agreement to sell. The petitioners moved an application under Section 137 & 13









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