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2009 Supreme(Guj) 364

M.R.SHAH
ASHWINBHAI SOMABHAI PATEL – Appellant
Versus
NRUGENDRAPRASADJI AJENDRAPRASADJI PANDEY – Respondent


Advocates appeared
MR S.N. SHELAT, Learned Senior Advocate with MR. MRUGEN K PUROHIT for Petitioner
NOTICE SERVED BY DS for Respondent
MR SP MAJMUDAR for Respondent
MR PP MAJMUDAR for Respondent

JUDGMENT

1. Rule. Mr. S.P. Majmudar, learned advocate waives service of notice of rule on behalf of the respondent No.1 original defendant No.1, who is main contesting party so far as the present Special Civil Application is concerned. With the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.

2. By way of this petition under Article 227 of the Constitution of India, petitioner has prayed for an appropriate writ, direction and order quashing and setting aside impugned order dated 14.5.2009 passed by the learned Principal Senior Civil Judge, Anand below application Exh. 167 in Special Civil Suit No. 86 of 2008, by which the learned trial Court has allowed the said application submitted by the respondent No.1 herein original defendant No.1 to read the documents as produced vide Exh. 54/1 and to appreciate the same for the purpose of hearing and adjudication of application Exh.5. At the outset, it is required to be noted that the said documents are in the form of Compact Disk (C.D.).

3. Petitioners original plaintiffs (hereinafter referred to as the plaintiffs .) have instituted Special Civil Suit No. 86 of 2






























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