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2023 Supreme(Raj) 194

PUSHPENDRA SINGH BHATI
Lrs. of Laxman Ram, S/o. Hanuman Ram – Appellant
Versus
Babli, W/o. Jagdish – Respondent


Advocates Appeared:
For the Petitioners: Mr. Moti Singh.
For the Respondents: Mr. S.S. Gour for Mr. R.S. Choudhary.

JUDGMENT :

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

    “A. It is, therefore, most respectfully prayed that this writ petition may kindly be allowed,

B. By an appropriate writ, order or direction order may kindly be issued and allow the application under Order 9 Rule 13 CPC (Annexure-4) may kindly be allowed and the judgment and decree dated 12.03.2019 may kindly be set aside.

C. By an appropriate writ order direction may kindly be issued and the order dated 03.08.2019 (Annexure-6) as well as the order dated 09.12.2019 (Annexure-8) passed by the learned court below in civil Misc. Case No.22/2019 and Civil Appeal Order No.26/2019 LR’s of Laxman Ram & Anr. vs. Smt. Babli may kindly be quashed and set aside.

D. Any other appropriate writ, order or direction, which this Hon’ble Court may deem it just and proper in the facts and the circumstances of the case may kindly be issued.

E. Costs of this writ petition may kindly be awarded in favour of the petitioners.”

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the respondent (plaintiff) filed a civil suit, be

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