IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE MISC. PETITION No. 5668 of 2023 ZAHIRUDDIN Versus RAUNAK SINGH CHOUHAN Appearance:

Shri Ankur Maheshwari - Advocate for the petitioner.

Shri N.K. Gupta, Senior Advocate with Shri Sanjay Kumar Mishra, Advocate for the respondent [R-1].

Reserved on : 10.2.2025 Pronounced on : 15/05/2025 ORDER The instant petition under Article 227 of the Constitution of India is preferred against the order dated 17.8.2023 passed by Principal District Judge, Sheopur in RCSA No.30/2022, whereby an application filed by the respondent under section 65-B of the Indian Evidence Act, 1872 was allowed and he was permitted to exhibit Xerox copy of the agreement as secondary evidence. Assailing the aforesaid order the present petition has been filed.

(2) Short facts of the case are that the present respondent/plaintiff has filed the civil suit for specific performance of the agreement to sale as well as permanent injunction in which it has been averred that the land in question is of the ownership and possession of defendant/petitioner bearing survey number 459/2, area 0.679 hectare, situated at Village Karba, Sheopur,