MADHUBALA Vs. SHISHIRKANT

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of this case, as noticed by this Court, are that the plaintiff-petitioner filed a suit for permanent and mandatory injunction regarding an immovable property. The defendants/respondents filed the written statement alongwith the (2 of 4) counter-claim. Thereafter, the issues were framed by the learned court below on 15.12.2015.

(3.) The plaintiff/petitioner thereafter, moved an application on 16.05.2016 for calling the report of the Forensic Science Laboratory regarding the signatures of the respondents on the particular agreement dated 03.01.2003, which was declined by the learned court below vide order dated 01.09.2016 on the ground that since the plaintiff/petitioner was only seeking an injunction and not a declaratory relief or ownership of the property in question, therefore, the FSL Report regarding the agreement in question was not required. The said order dated 01.09.2016 had attained finality, as it was not challenged before any court of law, until filing of the present writ petition.