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2024 Supreme(Online)(MP) 7917

HIGH COURT OF MADHYA PRADESH
Prateek Kumar – Appellant
Versus
Smt. Sugan Bee Deceased Through Lrs Mehraj Bee – Respondent


Advocates:
Ramesh Sonvane,

ORDER

1.Petitioner has preferred this review petition under Section 114 read with Order 41 Rule 1 of CPC for review of the order dated 24.4.2024 passed in MP No.7588/2023 by the coordinate Bench of this Court.

2.Brief facts of the case are that the petitioner/plaintiff has filed a civil suit for specific performance of the contract and permanent injunction for the land bearing Survey No.595 area 0.813 hectare and Survey No.601/2 area 0.202 hectare. During the pendency of the suit, petitioner has preferred an application under Section 45 of the Indian Evidence Act seeking examination of the thumb impression of respondents No.1 to 5 in the agreement to sale from their thumb impression available in the office of the Registrar, but the trial Court has dismissed his application vide order dated 8.12.2023. Thereafter he filed a Miscellaneous Petition before this Court and vide order dated 24.4.2024 MP No.7588/2023 has been dismissed.

3.Learned counsel for the petitioner submits that at the earlier stage the coordinate bench of this Court has erred in not appreciating that the alleged written statement filed on behalf of respondents No.1 to 4 does not bear the thumb impre



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