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2023 Supreme(Raj) 416

PUSHPENDRA SINGH BHATI
Manohar Lal Sanadhya S/o Late Shri Prabhulal Sanadhya – Appellant
Versus
Kalu Lal Vishnoi S/o Shri Badrilal Vishnoi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vinay Jain.
For the Respondent: Sanjay Nahar.

ORDER :

1. This writ petition has been preferred claiming the following reliefs:

    “It is, therefore, prayed that by appropriate writ, order or direction, order dated 14.11.2022 (Annexure-4) passed by Learned Trial Court may kindly be quashed and set aside and the application filed under section 65 of the Indian Evidence Act filed by respondent/plaintiff may kindly be dismissed.

Any other appropriate writ order or direction which this Hon’ble Court deems fit and proper in the facts and circumstances of the case may kindly be passed in favour of petitioner.”

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the respondent/plaintiff filed a suit for possession of property and permanent injunction against the petitioners/defendants, before the learned District Judge, Bhilwara.

2.1. In the said suit, the respondent/plaintiff filed an application under Section 65 of the Indian Evidence Act, 1872 before Additional District Judge, Bhilwara.

2.1.1. It was stated in the application that the disputed property was purchased by the respondent/plaintiff from one Shri Roshan Lal Sanadhya S/o Late Shri Prabhu Lal Sanadhya on 04.06.2019, for which the

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