DEVAKABAI Vs. SHAIKH SAYAM SHAIKH GULAB

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, the petition is taken up for final hearing.

(2.) The petitioner (original defendant No. 1) has filed the present petition under Articles 226 and 227 of the Constitution of India, challenging the order dated 10-11-2009, passed by the learned Civil Judge, Junior Division, Pachora, District Jalgaon, below Exh.207 in R.C.S. No. 110 of 2001, thereby rejecting the petitioner's application for recalling the witness i.e. defendant No. 3, and prayed for quashment thereof.

(3.) Original plaintiffs filed Regular Civil Suit No. 110 of 2001 against defendant Nos. 1 to 3 including the petitioner herein i.e. defendant No. 1, challenging the conditional sale deed dated 26-3-1991, executed by defendant No. 2 in favour of defendant No. 1 and consequent sale deed dated 31-3-1992 and further consequent mutation entries in pursuance thereof and also challenging the sale deed dated 22-1-1986, executed by defendant No. 2 in favour of defendant No. 3 and prayed for cancellation thereof and also for the share of the plaintiffs in the suit property as per ownership and heirship rights and also for the mesne profits of the suit property, and copy of the said plaint is annexed at Exh. 'A'.