RAKESH VARMA Vs. VIDYA SAGAR BHAGAT

JUDGEMENT

(1.) The crux of the present petition is property bearing no. D-15, Mansarovar Garden, New Delhi, ad measuring 297 sq. yds. The Petitioner/Plaintiff - Dr. Rakesh Verma (hereinafter, "Plaintiff") filed a suit for specific performance seeking a decree in respect of agreement to sell dated 27th December, 1987 in respect of the suit property. In the suit, reliance was placed on receipt dated 2nd March, 1988, which according to the Plaintiff was an acknowledgment by the owner of the property - Mr. Vidya Sagar Bhagat, Defendant No. 1 (since deceased) that possession had been handed over and some of the consideration was paid.

(2.) Another suit was filed by Mr. Suresh Mansharamani -Respondent No. 2/Defendant No. 2(hereinafter, "Defendant No. 2") wherein he claimed that he had entered into an agreement to sell with Mr. Vidya Sagar Bhagat dated 3rd May, 1988 in respect of the very same property. Both suits were being heard in this Court, and issues were framed on 14th March, 1995 on the Original Side of this Court.

(3.) The suits were thereafter transferred due to the increase in the pecuniary jurisdiction of the Delhi High Court, and evidence was recorded before the District Court. Evidence was concluded on 20th November, 2018, at which stage, an earlier application, which had been filed by Defendant No. 2 for leading the evidence of a handwriting expert was considered and the impugned order was passed, permitting the said handwriting expert to be examined. The impugned order reads as under: