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2024 Supreme(Guj) 966

SANDEEP N. BHATT
Chandreshbhai Dhanrajbhai Jethani – Appellant
Versus
Mihirbhai Bhikhabhai Virani – Respondent


Advocates Appeared:
For the Appellant : Mr. Mihir Joshi with Mr. Saurabh G. Amin.
For the Respondents: Mr. Vimal Patel for VMP Legal.

JUDGMENT :

1. The present petition is filed by the petitioner – original plaintiff by challenging the impugned order dated 12.03.2021 passed below Exh.76 application in Special Civil Suit No.14 of 2009 by the learned Principal Senior Civil Judge, Gondal, whereby the trial court has rejected to exhibit some of the applications, which was sought to be exhibited.

2. Brief facts of the case are as such that the petitioner had preferred a Special Civil Suit No.14/2009 against the respondents before the Learned Principle Senior Civil Judge, Gondal praying for specific performance of agreement to sell dated 11/10/2005 for the immovable properties mentioned in the plaint (Exh-1) for a total consideration of Rs.25,00,000/-. The petitioner paid an earnest money of Rs.2,00,000/- to the Respondent no. 1 through a cheque drawn on R.C.C. Bank bearing no. 86325 dated 05/10/2005. The petitioner filed an affidavit in examination-in-chief dated 19/07/2019 below exh-75 stating in detail factual narration and referring to the documentary evidences produced. It is stated on oath that original agreement to sell dated 11/10/2005 is not produced as such agreement to sell along with other documents were los

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