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2024 Supreme(MP) 829

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Vikram Singh (Decd.), Through Legal Representaives Jitendra Singh Thakur (Decd.), Through Legal Repres – Appellant
Versus
Farid Ahmad – Respondent


Advocates Appeared:
For the Petitioners:Shri Ayushyaman Choudhary – Advocate
For the Respondents:Shri A. K. Sethi, Senior Advocate with Shri Kamal Tiwari – Advocate.

ORDER :

SUBODH ABHYANKAR, J.

1] Heard finally, with the consent of the parties.

2] This review petition has been filed for review of the order passed by this Court in Second Appeal No.199 of 2008 dated 12.10.2023, whereby the appeal filed by the defendant has been allowed and the decree of eviction on the ground of non-payment of rent and also on the ground of denial of title of the suit property of the respondents/plaintiffs by the appellant/defendant has been set aside.

3] The present petition has been filed on the ground that this Court has held that Ex.P/1 to P/12 cannot be relied upon for certain reasons, which have been assigned in para 23 of the order under review.

4] Shri Ayushman Choudhary, learned counsel for the petitioners has submitted that the admissibility of the documents filed by the plaintiffs as Ex.P/1 to P/12 were never challenged by the defendant in the trial itself, and the substantial question of law was also not based upon the admissibility of the same. Thus, it is submitted that this Court has travelled beyond the substantial question of law framed by this Court and in such circumstances when the admissibility of the documents was not an issue and was not releva

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