JAG MOHAN MALHOTRA Vs. STATE OF U P AND 5 ORS
LAWS(ALL)-2018-5-119
HIGH COURT OF ALLAHABAD
Decided on May 16,2018

Jag Mohan Malhotra Appellant
VERSUS
State Of U P And 5 Ors Respondents

JUDGEMENT

Vivek Kumar Birla, J. - (1.) Heard Sri Kshitij Shailendra, learned counsel for the petitioner, Sri Iqbal Ahmad alongwith Sri Aditya Vardhan Singh, learned counsel appearing for the respondent no. 6 and the learned Standing Counsel appearing for the State respondents.
(2.) Present petition has been filed with the following prayer:- "Kindly set aside the first impugned order dated 24.3.2018 passed by the Civil Judge (Junior Division), Moradabad in Original Suit No. 826 of 2017 (Jag Mohan Malhotra vs. Atul Sharma and others) (Annexure No. 1 to this petition) as well as the second impugned order dated 30.3.2018 passed by the District Judge, Moradabad in Revision No. Nil of 2018 (Jag Mohan Malhotra vs. Atul Sharma and others) (Annexure No. 2 to this petition); ii) kindly, reject the application (paper no. 120-C moved by the respondent no. 3 in toto; iii) issue any other suitable direction or pass an order as this Hon'ble Court may deem fit or proper in the facts and circumstance of the case; and iv) Award costs of the petition to the petitioner."
(3.) By the impugned order dated 24.3.2018 the court below has allowed the application filed by the Investigating Officer paper no. 129-Ga to the effect that in presence of all the counsels the sealed cover containing memorandum of agreement may be opened and a copy of the same be provided to the Investigating Officer / handwriting expert. Thereafter, the original document be put back in sealed cover. The revision against the same was dismissed by the revisional court on the ground that the order is purely interlocutory in nature and therefore, the revision is not maintainable. In the present petition, both the orders are under challenge.;


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