JUDGMENT :

J.C. DOSHI

Order passed below Exh.523 in RCS No.199 of 2001 dated 30/12/2021 by the trial court is sought to be challenged in this petition under Article 227 of the Constitution of India whereby the petitioners – defendants no.9 and 10 sought to produce the documents vide list produced at Exh.524 wherein the trial court mainly relied upon the reasons that defendant no.9 and 10 are intended to produce the document at belated stage; without any explanation and seven witnesses from the plaintiff side and two witnesses from the defendant side are examined and hence reason to allow the production of document at belated stage and as such passed the impugned. However, while passing such order, the trial court allowed document at Sr. No.1, 2, 7, 10, 44 and 54 to 56 but the application for production of other documents are rejected.

2. The short facts of the case are that Regular Civil Suit No.199 of 2001 is filed seeking declaration, permanent injunction and other ancillary reliefs qua the suit land. It is the case of the petitioners that they came to be impleaded as party defendants no.9 and 10 as per order passed by trial court. It is the case of the petitioners that application