MADAN LAL Vs. JUGAL KISHOR GUPTA & OTHERS

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to issue a writ, order or direction in the nature of certiorari quashing the order dated 27.03.2015 and order dated 28.09.2015 (annexures 4 & 5). A further prayer has been made to allow the application (184 GA-2) filed by the petitioner before the lower appellate court (annexure-3).

(2.) Respondent no.1 (plaintiff) filed a civil suit before the Civil Judge (J.D.) Haridwar against respondent no.2, petitioner, respondent no.4 and respondent no. 5 for a decree of permanent prohibitory injunction (which was later on amended for cancellation of sale-deed also).

(3.) The petitioner filed an application under Section 73 of the Indian Evidence Act for verification of the signatures of Ashok Kumar alias Satish Kumar and Ashok Kumar Gupta by a finger print expert, which was objected to by the plaintiffrespondent no.1 only, and the same was declined by learned trial court. Since the objections were raised by plaintiff/respondent no.1 only, therefore, this Court does not feel it necessary to issue notices to respondents no. 2 to 5 for the disposal of present writ petition.