CW-8122/09-Narbada Shanker & Ors. Vs. Shankerlal & Ors. Judgment dt.4.9.09 1/2 S.B. CIVIL WRIT PETITION NO.8122/2009 Narbada Shanker & Ors. Vs. Shankerlal & Ors. Date of order : 4th September, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Rajesh Shah for the petitioner. ------- 1. By the impugned order dated 31.5.2008, the learned trial court has rejected the application of the defendant-petitioner dated 26.4.2008 whereby the defendant prayed before the learned trial court that the plaintiff should be directed to file the original agreement on the basis of which he claimed specific performance in the present suit for which an application for temporary injunction was being considered by the learned trial court. The learned trial court in the impugned order has observed that the plaintiff can file such document if he so desired before framing of the issues and, therefore, the learned trial court cannot insist the plaintiff to file original agreement at the time of considering the application for temporary injunction. 2. Having heard learned counsel and upon perusal of the CW-8122/09-Narbada Shanker & Ors. Vs. Shankerlal & Ors. Judgment dt.4.9.09 2/2 reasons given in the impugned order, this Court is satisfied that the learned trial court has not committed any error in passing the impugned order. 3. There is no force in this writ petition. The same is accordingly dismissed. Copy of this judgment be sent to opposite parties. [ DR. VINEET KOTHARI ], J. item No.12 babulal/