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S.K.GANGELE, PIYUSH MATHUR
Gopal Das Renwal – Appellant
Versus
Deepika Jain – Respondent
Piyush Mathur, J. :- 1. Defendand Gopal Das Renwal has preferred this Writ Petition under Article 227 of the Constitution of lndia against the order dated 1.5.2009 passed by the 8th Civil Judge Class-II Gwalior, in Civil Suit No.2-A/06, Smt. Dipika Jain v. Gopal Das Renwal, wherein the trial Court has permitted the Plaintiff to summon the attesting witness of the Will by issuance of summons.
2. The plaintiff has preferred a Civil Suit against the Defendant seeking eviction of the premises as also for recovery of the arrears of rent by claiming herself to be the landlady/owner of the suit property on the strength of a registered Will Dated 4.2.2001, which was executed in her favour by the original landlord Late Shri Kesharimal Jain.
3. Defendant Gopal Das Renwal while denying the averments of the plaint has questioned the genuineness of the Will executed in favour of the plaintiff by further denying the relationship of the landlord and tenant between the parties.
4. The Court after framing of the issues had allowed the parties to lead their evidence and when the plaintiff had examined her witnesses and intended to examine the attesting witness of the Will, namely, Mr. Vinod Ku
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