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2021 Supreme(MP) 686

SATISH KUMAR SHARMA
Gangashankar Dubey – Appellant
Versus
Sindhu Bai – Respondent


Advocates:
Abhishek Singh Bhadoria for petitioner; Satyendra Singh Rajput for respondents.

JUDGMENT

1. This petition under Article 227 of the Constitution of India has been filed by the petitioners (plaintiffs) against the order dated 4.10.2018 passed by III Civil Judge Class 2 Ganj Basoda district Vidisha in RCS-A/42/2017 whereby, the prayer of the plaintiffs to exhibit the relinquish deed alleged to have been executed by their son in favour of his mother has been declined.

2. Brief facts leading to this case are that, the plaintiffs filed a civil suit for declaration of title and injunction against their widow daughter in law and Grandchildren (defendants) wherein, during the course of chief examination, they intended to exhibit the relinquish deed, stated to have been executed by their deceased son in favour of his mother. The learned trial Court vide impugned order has declined the prayer on the ground that the document is unregistered whereas, the same is compulsorily registerable and also the same is insufficiently stamped. Being aggrieved by this order, the plaintiffs have preferred the present petition.

3. Heard learned counsel for the parties and perused the material available on record.

4. Learned counsel for the plaintiffs submits that the plaintiffs themselves pu

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