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2023 Supreme(P&H) 487

HARKESH MANUJA
Sharanjit Kaur – Appellant
Versus
Parveen Mahal – Respondent


Advocates appeared:
Mr. Mr. Amit Jain, Sr. Advocate with Mr. Karanbir Singh, Advocate, for the Appellant; Mr. Akshay Bhan, Sr. Advocate with Mr. Sushant Kareer, Advocate and Mr. Japjit Singh Johal, Advocate, for the Respondent

JUDGMENT

Harkesh Manuja J. - The present revision petition has been directed against the order dated 05.12.2018 passed by the court of Civil Judge (Junior Division), Ludhiana, whereby an application filed at the instance of petitioner-plaintiff, seeking permission to take photographs of Will in question dated 26.03.1985 for the purposes of examining handwriting expert, has been dismissed.

2. Facts leading to the present case are that the petitioner-plaintiff filed a suit for declaration, claiming 2/3rd share out of the total suit land owned by deceased Amarjit Singh. The petitioner-plaintiff also questioned the validity of Will dated 26.03.1985, purportedly executed by deceased-Amarjit Singh in favour of respondents No.1 to 5, stating it to be a forged and fabricated document. On the other hand, the respondents-defendants based their claim upon Will dated 26.03.1985, regarding the estate of deceased-Amarjit Singh.

3. Issues framed in the suit on 20.09.2012 are reproduced hereunder for reference:-

    '1. Whether land in dispute in the hands of Amarjit Singh was Joint Hindu Family ancestral property? If so its effect? OPP.

    2. Whether the alienation made by defendant Nos.1 to 5 during pendenc

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