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2015 Supreme(Guj) 977

HARSHA DEVANI
Ramniklal Shivlal Bavishi Since Deceased Through his L. H. – Appellant
Versus
Tulsidas Chakubhai Gorvadiya Since Deceased Through his Heirs – Respondent


Advocates:
Advocate Appeared:
For the Petitioners No. 1 to 1.4:Mrugen K. Purohit, Advocate.
For the Respondent Nos. 1.1 to 1.4:Sandeep N. Bhatt, Advocate.
For the Respondent No. 2: Notice Served.

JUDGMENT :

Harsha Devani, J. (Oral) - By this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 18.12.2013 passed by the Small Causes Court, Rajkot below Exhibit-237, to the extent the trial court has given tentative exhibit to the document and further seeks a direction to the trial court to give a permanent exhibit to the documents which are referred to in the deposition of defendant witness No. 1.

2. The respondents No. 1.1 to 1.4 are the heirs and legal representatives of the original plaintiff, whereas the petitioners are the heirs and legal representatives of the original defendant No. 2 and the respondent No. 2 is the original defendant No. 1. The original plaintiff instituted a suit being Civil Suit No. 169 of 1990 in the Small Causes Court, at Rajkot for obtaining vacant possession of the rented shop premises. The original plaintiff and the defendant No. 2 have expired during the pendency of the suit and it is their heirs who are prosecuting the proceedings. In the proceedings of the said suit, on behalf of the defendants, one Vallabhbhai Bhurabhai Pipaliya, who was discharging duties as Shop and Establishment Inspector wit



































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