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2018 Supreme(Raj) 1957

PUSHPENDRA SINGH BHATI
Manmal Oswal – Appellant
Versus
Ravindra Kumar Oswal – Respondent


Advocates Appeared:
Mr. Kuldeep Purohit, Dr. Akshaya Shukla, Advocates, for the Appellant s; Mr. Vishal Sharma, Advocate, for the Respondents

JUDGMENT

Pushpendra Singh Bhati, J. - The petitioner has preferred this writ petition under Article 226 & 227 of the Constitution of India claiming the following reliefs:

    "1. An appropriate writ direction or order be issued quashing the order dated 19.04.2018 Annex.21) passed by the learned Civil Judge Merta, Dist. Nagaur, and the application filed by the respondent-plaintiff under section 151 CPC may kindly be dismissed.

    2. Any other order or direction, which this Hon'ble Court deemed just and proper be passed in favour of the petitioner."

    2. Brief facts of this case, as noticed by this Court, are that the respondent-plaintiff filed a suit for mandatory and perpetual injunction and damages against the petitioners defendants. On 17.09.2015 the petitioner-defendant No.1 submitted his affidavit in chief examination, and along with the said affidavit a blue print map was also submitted with form No.3, which was made by the DW 4 Gajdhar Abdul Vail.

    3. On 14.07.2016, the respondent-plaintiff filed an application under Order 19 read with section 151 CPC claiming that the petitioner-defendant No.1 had produced the blue print map along with his affidavit and further stated that the said map

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