IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8725 of 2023 ==========================================================

DEVRAJBHAI BHAGVANBHAI MAKWANA Versus MANJULABEN BABUBHAI MAKWANA & ORS.

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Appearance:

MR VISHWAS S DAVE(5861) for the Petitioner(s) No. 1 MR GAURANG K CHAUHAN(9858) for the Respondent(s) No. 1,2,3,4,5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 02/09/2024

ORAL ORDER

1. The instant petition under Article 227 of the Constitution of India is filed claiming following relief:-

“b) Allow this special civil Application by issuing a writ or any other appropriate writ order or direction quashing and setting aside of the order passed below Exhibit-169 in Regular Civil Suit No. 74/2007 by the Additional Civil Judge, Shihor marked as Annexure-A to the present petition and be pleased to allow the present petition by directing the learned Additional Civil Judge, Shihor to Exhibit the documents produced vide Mark 105/4 to 105/13 and 105/17 in Regular Civil Suit No. 74/2007.

c) Pending admission, hearing and till final disposal of this petition, this Hon'ble court may be pleased to stay the further proceeding in Regular Civil Suit No.

74/2007 before Additional Civil Judge, Shihor.

d) Pending admission, hearing and till final disposal of this petition, this Hon'ble court may be pleased to grant further relief (s) deemed just proper in the facts and circumstances of the case and in the interest of Justice.”

Brief facts of the case are as under:-

2. Short Facts giving rise to the present petition is that the present respondent (original plaintiff) filed regular Civil Suit for easement right for way and for permanent injunction against the present petitioner (original defendant) before the Additional Civil Judge, Shihor having Regular Civil Suit No. 74/2007. Thereafter during the stage of evidence of the present petitioner (original defendant) application was filed below exhbit-104 for production of documentary evidence the said application was granted by the learned civil judge by order dated 8-10-15 and documents produced by list of documents was produced along with documents in original and certified copies, the list of documents produced was given exhibit-105. Thereafter the documents produced by exhbit-105 were not exhibited and hence the present petitioner drew the attention of the Hon'ble court and filing application below exhibit-142 on 2-7-19 to give exhibit to 105/1, 105/2, 105/3 and 105/19, the said application was partly allowed and document produces by Mark 105/1 was given exhibit and documents produced by Mark 105/2, 105/3 and

105/19 was rejected by order dated 17-9-19.

2.1 Thereafter as the original/certified documents produced by documentary evidence list below exhbit-105 on 8-10-15 and as the documents produced by mark 105/4 to 105/13 and 16 to were not exhibited, the present petitioner filed application to exhibit the documents below exhbit- 169, the said application came to be rejected by the Additional Civil Judge, Shihor by order dated 17-11-2022 below exhbit-169.

2.2 Hence being aggrieved by the said order passed below Exhbit-169 in Regular Civil Suit No. 74/2007 by the Additional Civil Judge, Shihor, present petition is filed.

3. In essence, the order passed below Exh.169 in Regular Civil Suit No.74 of 2007 has been challenged by way of this petition.

4. Application Exh. 169 was moved by the defendant of the suit for exhibiting the document at Serial Nos.4 to 13 and 16 to 18 of the list of document at Exh.105. This application was rejected by the learned trial Court.

5. Heard learned advocates appearing for the respective parties.

6. Learned advocate for the petitioner relying upon the judgment in case of Sugandhi (Dead) By Lrs and another Vs.P Rajkumar REP by his power agent Imam Oli reported in 2020 LawSuit (SC) 665, would submit that the handmaid of justice, procedural and techn