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2021 Supreme(HP) 182

JYOTSNA REWAL DUA
Shiv Dai – Appellant
Versus
Rai Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Anjali Soni Verma, Advocate.
For the Respondents:Mr. Sanjay Prasher, Ms. Sharmila Patial, Advocate

JUDGMENT :

Jyotsna Rewal Dua, J.

The petitioners/plaintiffs have laid challenge to the order dated 15.06.2018 passed by the learned Trial Court, whereby the application moved by respondent No.1/ Defendant No.1 under Section 65 of the Indian Evidence Act was allowed and the photocopy of original will dated 07.11.1987 was permitted to be placed on record. Aggrieved, the petitioners have preferred instant petition under Article 227 of the Constitution of India.

2. Bare minimum facts required to be noticed for adjudication of this petition are:-

    2(i). Suit was filed by the petitioners for declaration to the effect that they are joint owners in possession with the defendants to the extent of specified shares over the suit land and further that mutation No.54, dated 15.03.1988, with respect to estate of late Sh. Sudama Ram, sanctioned and attested in favour of the defendants, was illegal, null and void. Consequential relief of permanent injunction was also prayed for.

2(ii). Defendant No.1 (respondent No.1 herein) resisted the suit, inter alia, putting forth the claim that father of the plaintiffs and defendants had executed a will on 07.11.1987 in favour of the defendants. The mutation of th

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