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2023 Supreme(Raj) 192

PUSHPENDRA SINGH BHATI
Meeni Devi, D/o. Jassaram, W/o. Khartaram – Appellant
Versus
Ghewar Chand, S/o. Bhikha Ram – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jitendra Chopra.
For the Respondents: Mr. Kailash Chandra Pitawat.

JUDGMENT :

1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

    “(i) It is, therefore, most humbly prayed that this Writ Petition may kindly be allowed and the impugned order dated 13.09.2019 (Annex.1) of the Additional District Judge, Sojat – Pali may kindly be declared illegal and the same may be quashed and set aside.

(ii) Any other order or direction that may be deemed fit, just and proper may kindly be issued in favour of the petitioners.

(iii) Costs may kindly be also awarded.”

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the present petitioner (plaintiff) had insituted a suit for declaration of relinquishment deed dated 27.07.1999 (registered on 17.01.2000) as null and void, as well as cancellation of gift deed dated 09.05.2016; along therewith, an application seeking permanent injunction application was also moved by the petitioner (plaintiff).

2.1. The learned Court below framed eight issues, including relief, and proceeded with the trial in the said suit. Thereafter, on 28.11.2018 during the examination-in-chief, Bhanu Singh (son of the petitioner)

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