GOVIND PRASAD GUPTA S/O LATE SH. RADHEYSHYAM v. BABLU AND MAHESH S/O SH. KANAHIYA
CW/2662/2025 · 2025-02-20
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6937 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6937 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:7735] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2662/2025 Govind Prasad Gupta S/o Late Sh. Radheyshyam, Aged About 63 Years, R/o Choudharypada, Karauli, Tehsil And District- Karauli (Raj.) ----Petitioner Versus
1. Bablu And Mahesh S/o Sh. Kanahiya, Aged About 51 Years, R/o Near Hindaun Gate, Harijan Basti, Karauli (Raj.)
2. Manmohan Sharma S/o Sh. Jagdish Prasad, Aged About 47 Years, R/o Bade Post Ke Pass, Indira Colony, Karauli, Tehsil And District Karauli (Raj.) ----Respondents For Petitioner(s) : Mr. Mukesh Kumar Goyal For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 20/02/2025
1. Aggrieved from order dated 10.01.2025 in civil suit No. 47/2020 passed by learned Additional Civil Judge, Karauli instant Writ Petition is preferred under Article 227 of Constitution of India by petitioner wherein he challenged dismissal of application under Section 45 of Evidence Act, 1872.
2.
Learned counsel while placing reliance upon judgment in case of Damara Venkata Murali Krishna Rao Vs. Gurujupalli Satvathamma 2008 DNJ (SC) 747, Khem Chand Vs. Hazari Lal (S.B. Civil Revision petition No. 743 of 1992) and Suryakant Vuyas Vs. Satish Vyas 7 Ors. 2016(1) WLC (Raj.) UC 752 submits that learned Trial Court has erroneously
[2025:RJ-JP:7735] (2 of 2) [CW-2662/2025] dismissed the application as the defendant has denied one signature on the agreement though admitted two of his signatures on agreement to sale.
3. During course of argument, learned counsel for petitioner has offers to withdraw this Writ Petition with liberty to file appropriate application before learned Trial Court, to take recourse of examination of document by private expert.
4. Hence, S.B. Civil Writ Petition No. 2662/2025 is dismissed as withdrawn with liberty as aforesaid with pending application(s), if any.
(ASHOK KUMAR JAIN),J MONU /110