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2015 Supreme(HP) 885

RAJIV SHARMA
Ashwani Sood – Appellant
Versus
Mohini Devi Sood – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajay Kumar, Senior Advocate with Mr. Dheeraj K. Vashishta, Advocate
For the Respondents:Mr. Ashok Sood, Advocate

JUDGMENT :

Rajiv Sharma, J.

This petition is instituted against the order dated 6.4.2015 rendered by the Civil Judge (Senior Division), Shimla in Civil Suit No. 99-1 of 2007.

2. “Key facts” necessary for the adjudication of this petition are that petitioner has instituted a Civil Suit No. 99-1 of 2007 against the respondents for permanent prohibitory injunction restraining the respondents from interfering with the possession in any manner, ownership, administration and management of land measuring 834.7 square yards comprised in Khasra No. 379/305/251 (old) and 940, 941 and 945 (new). Respondents have filed the written statement to the same.

3. Issues were framed by the trial Court on 26.5.2011. Petitioner has closed his evidence on 15.6.2013. Thereafter, respondent No.1 moved an application under Section 151 of the Code of Civil Procedure read with Section 45 of the Indian Evidence Act to allow the handwriting expert Shri Devendra Prashad, Forensic Document Expert to take the photographs of the disputed agreement to sell dated 9.10.1996 for its expert opinion and producing the same in the case. According to the averments contained in the application, signatures of respondent No.1 were























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