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2012 Supreme(All) 1659

V.K.SHUKLA
RAVI BALA GARG – Appellant
Versus
TABASSUM – Respondent


Advocates:
Counsel :
Ajit Kumar for the Petitioners; C.S.C., A.K. Singh and Ashish Kumar Singh for the Respondents.

V.K. Shukla, J.

Present writ petition has been filed under Article 226/227 of the Constitution of India, requesting therein that the concerned court wherein suit is pending be directed to examine Sri A.K. Srivastava, Advocate either through the Commission at the cost of the petitioners or to summon him through the process of Court itself and not be dasti summons to give evidence. Further request has been made to quash the order dated 24.03.2012 and 03.04.2012 passed in original suit No.274 of 2004.

From record, it is reflected that original suit No.274 of 2004 had been filed for declaration that Freehold Deed dated 29.03.2004 and the consequential action based on the same be declared as null and void along with various other reliefs. Petitioners claim that they are the defendants in the said suit; they have filed written statement and additional written statement. Petitioners have contended that despite decree dated 28.02.1979 passed in original suit No.231 of 1978 and the injunction order dated 19.07.2003 passed in original suit No.388 of 2003, Freehold Deed has been obtained on 29.03.2004 and in this background, it has been stated that M.C. Gupta had colluded with the defendants of














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