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2018 Supreme(Raj) 372

PUSHPENDRA SINGH BHATI
MANITA TAK – Appellant
Versus
RAM GOPAL TANWAR – Respondent


Advocates Appeared:
For the Appellant :Mr. Manoj Bhandari, Advocate.
For the Respondent:Mr. RC Joshi, Advocate.

JUDGMENT :

PUSHPENDRA SINGH BHATI, J.

1. Petitioner has preferred this writ petition praying for the following reliefs:-

"(i) By an appropriate writ, order or direction, the order passed by the learned Trial Court i.e. by the learned Senior Civil Judge and Additional Chief Judicial Magistrate No. 3, Bikaner dated 22.2.2017 (Annex-7) may kindly be declared illegal and be quashed and set aside.

(ii) By an appropriate writ, order or direction, the application filed by the petitioner under Section 65 of the Evidence Act, 1872 may kindly be allowed and the copy of the registered sale deed dated 26.4.1993 (Annex.-5) may kindly be taken on record and may be treated as admissible in evidence under Section 65 of the Evidence Act, 1872.

(iii) Any other appropriate order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

(iv) Costs of the writ petition may kindly be awarded to the petitioners."

2. The suit in question is regarding possession of a premises of Shop No. 5 and also the proposition of mesne profits between the parties. The only proposition before this Court is whether the certified co









































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