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2022 Supreme(Guj) 988

ARAVIND KUMAR, ASHUTOSH J. SHASTRI
Chetan Krishnakant Shah HUF Its General Manager and Karta Chetan Krishnakant Shah – Appellant
Versus
Chhotalal Bhaichandbhai Panchal Since Decd. Through His Legal Heirs – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amrish V. Jani, Advocate for Mr. Jigar A. Pandya, Mr. P.H. Buch.

ORDER :

Aravind Kumar, J.

1. In this intra-court appeal challenge is laid to the order dated 23.6.2022 passed in Special Civil Application No.10611 of 2022.

2. We have heard Mr. Amrish V. Jani, learned advocate appearing for the appellant who submits that he has been instructed to appear on behalf of Mr. Jigar A. Pandya.

3. In Special Civil Application No.10611 of 2022 filed before the learned Single Judge, challenge was laid to the orders dated 17.3.2022 and 22.4.2022 whereunder the interlocutory applications filed in Special Civil Suit No.15 of 2017 for appointment of handwriting expert and review application filed by the respondents at Exh.144 and Exh.152 seeking review of the order dated 17.3.2022 passed on Exh.144 came to be dismissed. Said petition was though filed under Articles 226 and 227 of the Constitution of India, learned Single Judge has rightly observed that impugned orders which led to filing of Special Civil Application has to be construed as one filed under Article 227 of the Constitution of India.

4. Respondents in Special Civil Suit No.15 of 2017 filed an application at Exh.144 (without specifying the provision of law) sought for appointment of a Government handwriti

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