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2016 Supreme(MP) 644

ROHIT ARYA
Komal Singh – Appellant
Versus
Hameer Singh – Respondent


Advocates:
Rishikesh Bohare for petitioner; S.K. Shrivastava for respondent No.1.

ORDER

1. This writ petition by defendant under Article 227 of the Constitution of India is directed against the order dated 16.3.2012 of the trial Court rejecting an application filed under Order 8 rule 1(3) of CPC with prayer to take on record the document dated 16.1.1997 (Ex.P-7).

2. Facts relevant for disposal of the writ petition are that the plaintiffs/respondents have filed a suit for declaration and injunction pending consideration and mesne profit inter alia contending that the plaintiffs hold the title of the suit land and are in possession and therefore sought a further relief for injunction restraining the petitioner/defendant to interfere in possession.

3. Defendant/petitioner filed written statement inter alia contending that the land described in document dated 16.1.1997 including the suit land has been relinquished by the plaintiffs in his favour by executing the aforesaid document and since then the defendant/petitioner is in possession and the plaintiffs have no right, title and interest in the suit property.

4. Plaintiff No.1 filed examination-in-chief under Order 18 rule 4 of CPC. During the course of cross-examination, defendant sought leave of the Court to confron














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