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2024 Supreme(Online)(KAR) 30756

HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
BHARAT S/O SHIDRAM PARANJPE – Appellant
Versus
SURESH S/O KALASAPPA KALE – Respondent


Petitioner Advocates:GIRISH A YADAWAD ,Respondent Advocate:

ORDER

1. The petitioners are before this Court seeking for the following reliefs:

a) To quash the impugned order dated

03.01.2022 passed by the Principal Senior Civil Judge and JMFC, Jamkhandi, on IA No.25 and 26 in OS No.5/2014 vide Annexure-J, in the interest of justice and equity.

b) Pass such order or orders which this Hon’ble court deems fit and necessary under the facts and circumstances of the case.

2. Respondent No.1 filed a suit in O.S.No.5/2014 seeking for partition and separate possession. The petitioners, who were defendants No.2(a) to 2(e), have been brought on record on the death of their mother, who had initially been arrayed as defendant No.2, had claimed their right under a Will executed by one Sushilabai on 24.03.2008 and codicil dated

20.07.2009.

3. An application in I.A.No.25 having been filed by plaintiff for summoning the expert who had examined the said Will and submitted a report relating to the said Will in C.C.No.24/2016, came to be allowed by the Court. The petitioners had also filed another I.A. in I.A.No.26 to refer the relinquishment deed relied upon by the petitioners for forensic examination, which came to be rejected by a common order. Challenging both the

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