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2025 DAILYLAW 25492 (HP)

MELA RAM DECEASED THROUGH HIS LRS PHOOLAN DEVI AND OTHERS v. RAKESH KUMAR AND OTHERS

CMPMO/649/2024 · 2025-03-12

Bipin Chander Negi

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 649 of 2024 Decided on: 12.03.2025 ____________________________________________________ Mela Ram (deceased) through His LRs Phoolan Devi and Ors. ……….. petitioners Versus Rakesh Kumar and others ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioners : Mr. K.D. Sood, Sr. Advocate, with Mr. Sanjeev Sood, Advocate For the respondents : Mr. Jagat Pal, Advocate. ____________________________________________________ Bipin Chander Negi, Judge (oral) By way of the present petition, order dated 25.10.2024 passed by the Senior Civil Judge, Court No.1, Hamirpur has been assailed. By virtue of the said order, an application filed under Order 8 Rule 1-A(3) read with Section 151 CPC by the respondents seeking leave of the Court to produce and tender original Will dated 03.11.2009 has been allowed. 2. At the very outset, learned counsel appearing on behalf of the respondents fairly contends that insofar as the Will which was sought to be placed on record is concerned, the same stands Exhibited in the statement of DW-1 namely Bipin Kumar 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 and the same has been exhibited and placed on record as Exhibit DW-1/A. 3. In view of the aforesaid, it is fairly contended by the learned counsel appearing on behalf of the present respondents that the application so filed by the present respondents was an exercise in futility. Since, the document sought to be placed on record already stands placed on record exhibited as Exhibit DW- 1/A, therefore, impugned order dated 25.10.2024 is quashed and set aside. Parties are directed to appear before the trial Court on 25th March. 2025. Trial Court to proceed in accordance with law. Pending miscellaneous applications, if any, also stand disposed of. (Bipin Chander Negi) Judge March 12, 2025 tarun