SCA/23447/2006 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 23447 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge? ========================================================= JAYABEN. W/O,CHANDRAKANT GORDHANBHAI PATEL & 1 - Petitioner(s) Versus JITHIBEN. WD/O,HIRABHAI VIRABHAI PARMAR. & 6 - Respondent(s) ========================================================= Appearance : MR HM PARIKH for Petitioner(s) : 1 - 2. None for Respondent(s) : 1, 7, NOTICE SERVED BY DS for Respondent(s) : 1.2.1, 1.2.4, 1.2.5, 1.2.7,1.2.8 - 7, 7.2.2, 7.2.3,7.2.4 MR BS BRAHMBHATT for Respondent(s) : 1.2.1, 1.2.4, 1.2.5, 1.2.7,1.2.8 - 2. DS AFF.NOT FILED (N) for Respondent(s) : 1.2.2, 1.2.3,1.2.6 ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 10/12/2008 ORAL JUDGMENT 1. By way of this petition under Article 227 of the Constitution of India, the petitioners – SCA/23447/2006 2/3 JUDGMENT defendants have prayed for an appropriate Writ, direction and/or order quashing and setting aside the impugned order dated 28.09.2006 passed by the learned 3rd Additional Senior civil Judge, Nadiad below Exh.262 in Regular Civil Suit No. 425 of 2000 by which the learned trial Court has dismissed the said application which was submitted by the petitioners permitting them to produce additional documents which according to the learned Advocate for the petitioners are the orders passed by the Revenue Authorities. 2. Mr.Brahmbhatt, learned Advocate for the original plaintiffs has submitted that only with a view to delay hearing of Exh.5 application, such an application for production of documents was submitted at belated stage. Mr.Parikh, learned Advocate for the petitioners – original defendants has submitted that as such ad-interim injunction is in operation against them and there was no question of delaying application Exh.5. It is submitted if there is any apprehension, in that case, he has no objection if suitable direction is give directing the learned trial Court to decide and dispose of Exh.5 application. It is also submitted that as such documents are already on record but it was requested to take on record the same. He has further submitted that if suitable direction is issued directing the learned trial Court to take those documents on record and same may be considered at the time of trial, he has no objection. Mr.Brahmbhatt, learned Advocate for the respondents has submitted that if aforesaid SCA/23447/2006 3/3 JUDGMENT course is adopted, in that case, the respondents have no objection. 3. Under the circumstances and for the reasons stated above, the petition succeeds. The learned trial Court to take on record documents sought to be taken on record vide Exh.262 and same may be considered by the learned trial Court at the time of trial as agreed by the learned Advocates appearing on behalf of the respective parties. In the facts and circumstances of the case, more particularly, Exh.5 application is still pending since 2000, the learned trial Court to decide and dispose of Exh.5 application at the earliest but not later than 3(three) months from the date of receipt of this order. Learned Principal District Judge, Kheda / Nadiad is directed to see that application Exh.5 in the aforesaid Regular Civil Suit No.425 of 2000 is decided and disposed of by the learned trial court within three months from the date of receipt of this order. Rule is made absolute accordingly. There shall be no order as to costs. Registry is directed to send Writ to the learned trial Court as well as the learned Principal District Judge, Kheda / Nadiad immediately. [M.R.Shah,J.] satish