ALIMUNBEE GULAB PATHAN Vs. VINAY BHAGURAM DHORMARE

JUDGEMENT

(1.) The petitioner-original plaintiff in R.C.S. No. 389/2011 is aggrieved by the Order dated 5.2.2019 passed by the Trial Court rejecting application Exh. 123 filed by her seeking permission to examine a practicing doctor as a witness.

(2.) The contention of the plaintiff is that she has purchased the suit property from one Mr. Bhaguram Dhormare vide a registered sale deed. After the demise of Bhaguram, the defendants, who are the legal heirs of Bhaguram, are obstructing the plaintiff in his enjoyment of the suit property. The plaintiff, therefore, preferred the said suit for seeking declaration of ownership and injunction against the legal heirs of Bhaguram.

(3.) The plaintiff relies upon the sale deed by virtue of which she has purchased the said land. It was mentioned in the sale deed that Bhaguram is selling the property for his domestic reasons and for the treatment of his wife. In this backdrop, she seeks to produce a medical registration document indicating that Bhagirathibai was admitted in Vivekanand Hospital.