JUDGMENT :

1. This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner - original plaintiff seeking to quash and set aside the order dated 10.10.2017, passed by the learned Principal Senior Civil Judge, Mahuva, District: Bhavnagar, below application exh. 55 in Special Civil Suit No. 138 of 2012 / 22 of 2017, whereby, the learned trial Judge has rejected the said application exh. 55 which was filed by the present petitioner – plaintiff with a specific prayer to forward the document, exh. 35 (disputed document in the suit) to the handwriting expert for its verification and report.

2. Rule. Learned advocate Mr. Umang Vyas waives service for the respondents. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

3. Heard, learned advocate Mr. S. M. Kikani for the petitioner and learned advocate Mr. Umang Vyas for the respondents.

3.1 The learned advocate for the petitioner – plaintiff has, vehemently and fervently argued that the petitioner – plaintiff has filed aforesaid suit for declaration qua the suit property. It is submitted that during the pendency of the said suit, the petitioner