RAJIV MAHAJAN Vs. SANJEEV KUMAR MAHAJAN

JUDGEMENT

(1.) TERSELY , the facts & material, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record are that, initially Sanjeev Kumar Mahajan son of Moti Lal Mahajan, respondent No.1 -plaintiff(for brevity "the plaintiff") has instituted the civil suit for a decree of permanent injunction, restraining Moti Lal Mahajan(since deceased) now being represented by his LRs including petitioner Rajiv Mahajan and other respondents -defendants(for short "the defendants"), from demolishing or causing damage to building of the factory, in question, along with machinery, situated in plot bearing No.14, Industrial Estate, Yamuna Nagar. The defendants contested the suit, filed the written statement, stoutly denied the allegations contained in it and prayed for dismissal of the suit.

(2.) HAVING completed all the codal formalities, ultimately, the case was slated for rebuttal evidence and arguments. During the pendency of the civil suit, petitioner -defendant No.1 moved the application for producing and proving certain documents mentioned therein by way of additional evidence. The plaintiff refuted the claim of the defendant No.1, filed the reply and prayed for dismissal of the application.

(3.) TAKING into consideration the material on record, the trial Court dismissed the application of the petitioner -defendant No.1, by virtue of impugned order dated 10.12.2012(Annexure P -4).