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2020 Supreme(UK) 565

SHARAD KUMAR SHARMA
SHIV KUMAR – Appellant
Versus
GURDEEP KAUR – Respondent


Advocates:
For the Petitioner:Mr. Nikhil Singhal, Advocate
For the Respondent:Mr. Nagesh Agarwal, Advocate

JUDGMENT

Hon'ble Sharad Kumar Sharma, J.

1. The petitioners of the present Writ Petition have given challenge to the impugned order dated 23rd July, 2019, as passed by Civil Judge (Junior Division), Haridwar in Misc. Case No. 21 of 2018, Gurdeep Kaur Vs. Shiv Kumar and others. As a consequence of passing of the impugned order under challenge, the learned Trial Court had allowed the Misc. Case No. 21 of 2018, as preferred by respondent No.1, and as a consequence thereto, the learned Trial Court had allowed the Application, Paper No.53-C2, which has been preferred by respondent No.1 on 10th July, 2019, for the purposes of summoning the Naib Tehsildar to record his oral evidence in order to prove his report dated 7th April, 2015, i.e. Paper No. 57-C2, which was submitted by him before the Executing Court, which was dealing with the Execution Case No. 10 of 2010, putting a decree of 15/12/1980, into execution.

2. Brief facts of the case are that the predecessors of the petitioners as well as that of respondent No. 2 to 7 had filed a Suit No12 of 1972 Lala Hukum Chand and others v/s Sardar Daleep Singh, before the court of Munsif Roorkee, District Saharanpur (as it then was), being a Sui

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