KISANRAO Vs. BALU

JUDGEMENT

(1.) Rule, with the consent of the learned Counsel for the parties made returnable forthwith and heard.

(2.) This petition takes exception to the order dated 13/12/2010 passed by the learned Civil Judge, Senior Division, Achalpur whereby the application (Exh. 103) filed by the petitioners herein for being permitted to lead secondary evidence in respect of two documents, i.e. Gift Deed dated 27/12/2006 and Relinquishment Deed dated 24/11/2006 came to be rejected.

(3.) The petitioners are the original defendants in Regular Civil Suit No.36/2007. The said suit has been filed for a declaration that the petitioners have no concern whatsoever with the suit property and that the alleged partition effected by the petitioners was illegal. In the said suit, the petitioners filed their written statement along with their reply to the application for grant of temporary injunction. The petitioners have also filed their counter claim. In the said counter claim, the petitioners have laid a claim to the property on the basis of the said Relinquishment Deed dated 24/11/2006 whereby the sister of the plaintiff and the defendants has relinquished her share in the suit property in favour of the plaintiffs in the counter claim, i.e. the original defendants and the Gift Deed, which has been purportedly executed by the defendant no.2 in favour of the plaintiff.