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2022 Supreme(Online)(Guj) 11809

GUJARAT HIGH COURT
CHHOTALAL BHAICHANDBHAI PANCHAL SINCE DECD. THROUGH LHS – Appellant
Versus
CHETAN KRISHNAKANT SHAH HUF ITS GENERAL MANAGER AND KARTA CHETAN KRISHNAKANT SHAH – Respondent


ORAL JUDGMENT

1. Challenge in this petition is to an order passed below Exh.144 dated 17.03.2022 whereby defendant prayed for sending documents at Exh.104, 105 and 106 being Banachiththi and Vouchers / money receipts for verification of signature through hand writing expert from Forensic Science Laboratory (for short, ‘FSL’), which came to be rejected by learned Principal Senior Civil Judge, Sanand. Over and above that vide Exh.154, the petitioners-defendants prayed for review of an order passed below Exh.144 by the said Court under Order XLVII Rule 1 of Code of Civil Procedure, 1908, (herein after referred to as ‘Code’) which also came to be rejected by an order dated 22.04.2022. Both these orders are under challenge in the present petition under Article 227 of the Constitution of India.

2. The Respondent No.1-plaintiff instituted a suit bearing Special Civil Suit No.5 of 2017 (old Special Civil Suit No.150 of 1995) before the learned Principal Senior Civil Court, Sanand seeking specific performance of agreement to sell dated 9.3.1995 claimed to have been executed by the petitioner No.2 - defendant No.2 and deceased Chhotalal Bhaichand Panchal. Permanent injunction was also sought

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