ARUN KUMAR SINGLA Vs. HARISH KUMAR

JUDGEMENT

(1.) The petitioner is aggrieved by the order dtd. 24/5/2023 passed by the learned Additional District Judge-03, North-West, Rohini Courts, Delhi (hereinafter referred to as 'Trial Court') in CS No.75431/16, titled as 'Sh. Arun Kumar Singla vs. Harish Kumar and Ors.' whereby the learned Trial Court partly allowed the application filed by respondent nos.2 and 3 under Sec. 138 of the Indian Evidence Act, 1872 (in short 'IEA') read with Sec. 151 of the Civil Procedure Code, 1908 (in short 'CPC') to the extent that the defendant's witness, Sh. Rajinder Garg was allowed to be recalled for the purpose of re-examination by the respondents. Thus, the present petition has been preferred invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India to assail the said order.

(2.) For the purpose of adjudication of the present petition, the relevant facts are that on 1/12/2012, the petitioner filed a suit for possession and mesne profits against the respondents.

(3.) It is the case of the petitioner that in the year 2000, he purchased the suit property i.e. House no. 330, D/11, Sector - 7, Rohini, Delhi - 110085, from Sh. Singara Singh, the original title holder through his General Power of Attorney holder, late Sh. Harish Kumar, by virtue of a registered sale deed. The sale deed was attested by two marginal witnesses, namely, Sh. D.K. Singh and Sh. Rajinder Garg. However, the possession of the suit property was unlawfully taken over by respondent nos.2 and 3 in collusion with respondent no.1.