BAKHSHISH SINGH Vs. DIDAR SINGH

JUDGEMENT

(1.) Present petition under Article 227 of the Constitution of India is filed by the defendant seeking setting aside of order dated passed by the ld. Additional Civil Judge, below has allowed application of the plaintiff for permission of comparison of thumb impression of late Sh. Sadhu Singh s/o Tara the Will dtd. 18/1/2012, with the thumb impression of Sadhu Singh appearing on the endorsement of the relinquishment deed dated Brief facts of the case are that the respondent/plaintiff had filed a suit dtd. 1/11/2012 (Annexure P1) the effect that the plaintiff and defendants are joint owners to the extent of half share in the suit property; Will dtd. 18/1/2012 in favour of the petition under Article 227 of the Constitution of seeking setting aside of order dated Additional Civil Judge, vide which the Court below has allowed application of the plaintiff for permission of comparison of thumb impression of late Sh. Sadhu Singh s/o Tara Singh appearing on the Will dtd. 18/1/2012, with the thumb impression of Sadhu Singh appearing on the endorsement of the relinquishment deed dated Brief facts of the case are that the respondent/plaintiff (Annexure P1) praying for declaration to the effect that the plaintiff and defendants are joint owners to the extent of half share in the suit property; Will dtd. 18/1/2012 in favour of the

(2.) had filed a suit dtd. 1/11/20 the effect that the plaintiff and defendants are joint owners to the extent of half share in the suit property; Will dtd. 18/1/2012 in favour of the petition under Article 227 of the Constitution of seeking setting aside of order dated vide which the Court below has allowed application of the plaintiff for permission of comparison Singh appearing on the Will dtd. 18/1/2012, with the thumb impression of Sadhu Singh appearing on the endorsement of the relinquishment deed dated Brief facts of the case are that the respondent/plaintiff praying for declaration to the effect that the plaintiff and defendants are joint owners to the extent of half share in the suit property; Will dtd. 18/1/2012 in favour of the petitioner was forged and fabricated and was not binding upon and mutation No.6900 on the basis of the said Will is also liable to be set aside; with consequential relief of permanent injunction restraining the petitioner/defendant from alienating or mortgaging the suit property.

(3.) P2) contesting the suit. The issues were framed in the matter.The respondent/plaintiff concluded his evidence 9/1/2016.Thereafter, the petitioner/defendant led his evidence and produced marginal wi in question; and even the defendant evidence was closed. after conclusion of evidence of the parties, the respondent/plaintiff filed the present application impression of late Sh. Sadhu Singh s/o Tara Singh appearing on the Will dtd. 18/1/2012, with the thumb impression of Sadhu Singh appearing on the endorsement of the relinquishment deed dtd. 12/8/2009. of the plaintiff was opposed by the defendant by filing detail reply dtd. 9/9/2016 (Annexure P4) application vide