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2023 Supreme(J&K) 322

SANJAY DHAR
Joginder Kumar – Appellant
Versus
Seema Dubey, W/o. Shri Ravi Kumar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sunny Mahajan.
For the Respondents: Mr. Rohit Kohli.

JUDGMENT :

1. The petitioners have challenged order dated 11.12.2020 passed by the Additional District Judge, Udhampur (hereinafter to be referred as the Appellate Court), whereby their application for production of additional evidence in the shape of certified true copy of the statement of Mst. Ishro Devi recorded on 23.12.2014 has been dismissed.

2. It appears that one Ishro Devi, predecessor-in-interest of the respondents had filed a suit before the Court of Munsiff (Additional Special Mobile Magistrate) Udhampur (hereinafter to be referred to as the trial Court) against the petitioners herein, seeking their eviction from a shop situated at Gole Market, Udhampur. The said suit came to be decreed by the learned trial court in terms of its judgment and decree dated 31.03.2018. The aforesaid judgment and decree came to be assailed by the petitioners herein by way an appeal before the Appellate Court.

3. During pendency of the appeal, the petitioners/appellants filed an application for producing the certified true copy of the statement made by Ishro Devi on 23.12.2014 in another suit, titled, Ishro Devi vs. Vijay Kumar and Ors. by way of additional evidence. It is contended that in th

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