HARINARAYAN Vs. SMT. KUSUM GUPTA

JUDGEMENT

(1.) This is a petition filed under Article 227 of the Constitution of India, challenging the legality and validity of the orders dated 20-01-2016 and 26-04-2016, passed by Second Civil Judge Class-I, Chindwara, in Civil Suit No.5-A/2014.

(2.) Succinctly the facts stated in nutshell are that the petitioners filed a civil suit for declaration of title and permanent injunction against the respondents submitting that in oral partition, the suit land and the other properties were allotted to late Smt. Leela Devi and respondent no.1. Late Smt. Leela Devi had adopted his nephew i.e. respondent no.1 and executed a will bequeathing her share in the joint property. After her death, petitioner no.1 and respondent nos. 1 and 2 had orally partitioned the joint properties and the suit land and one plot was allotted to him. He obtained the vacant possession of the suit land and the plot. His name is also recorded in the revenue records and he was in continuous possession as cultivating the suit land till he handed over the vacant possession to the second petitioner in the month of March, 2013 in pursuance of the transfer of the suit land to her through registered sale deed dated 01-12-2012.

(3.) The petitioners filed an application for permitting them to lead secondary evidence which was allowed by the trial court by order dated 12-03-2015. Respondent nos. 1 and 2 challenged the said order in W.P.No.5939/2015. The said petition was disposed of on 27-08-2015 permitting the petitioners to lead secondary evidence and it was observed that respondent nos. 1 and 2 shall be at liberty to raise all the objections at the time of final adjudication in regard to the admissibility of the photographs as secondary evidence.