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2024 Supreme(P&H) 96

SUDEEPTI SHARMA
Rekha Rani (since deceased) through her LRs. – Appellant
Versus
Bachan Singh Salh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Kartik Gupta, Advocate

JUDGMENT :

SUDEEPTI SHARMA J.

The petitioner in the present petition has impugned the order dated 29.11.2023 (Annexure P-9) passed by learned Additional Civil Judge (Senior Division), Phagwara, whereby application (Annexure P-7) filed by the petitioner seeking permission to examine the handwriting and finger prints expert to take photographs and give report, was dismissed.

2. Facts of the case are that the petitioner filed a suit for possession by way of specific performance of an Agreement to Sell dated 14.02.2014 regarding the land in question. After hearing, learned ACJ, Phagwara vide order dated 04.03.2021, framed the following issues:-

    “1. Whether the defendant No. 1 through attorney and defendant No 2 in person executed agreement to sell dated 14.02.2014 in favour of plaintiff? OPP

2. Whether plaintiff was and is ready and willing to perform her part of contract? OPP

3. If issue No. 1 and 2 are proved, whether plaintiff is entitled to relief of specific performance as prayed for? OPP

4. If issue No.2 is not proved, whether plaintiffs entitled to alternative relief for recovery as prayed for?

5. Whether the plaintiff is entitled to permanent injunction as prayed for? OPP

6 Whether suit

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