IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12577 of 2019 ================================================================

KAMALKUMAR BALVANTRAI VARAIYA & ANR.

Versus TALALA NAGARPALIKA & ANR.

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Appearance:

MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1,2 MR DEEPAK P SANCHELA(2696) for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2 ================================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 13/02/2026

ORAL ORDER

1. The present petition is filed under Articles 226 and 227 of the Constitution of India, 1950 by the petitioners-original plaintiffs seeking following prayers.

“A. The Hon’ble Court may be pleased to issue writ of certiorari and / or any other appropriate writ, direction and order to quash and set aside order dated 13.12.2013 passed by the learned Principal Civil Judge, Talaja below Exh.99 in Regular Civil Suit No.97 of 2002;

B. The Hon’ble Court may be pleased to grant the relief prayed for in the application dated 13.09.2013 preferred by the petitioner for production of documents in Regular Civil Suit No.97 of 2002 and further be pleased to direct the learned trial Court to exhibit the same;

C. Pending hearing and final disposal of the petition, Your Lordships be pleased to stay the implementation, execution and operation of order dated 13.12.2013 passed by the learned Principal Civil Judge, Talaja below Exh.99 in Regular Civil Suit No.97 of 2002;

D. *****.”

2. Heard learned advocate Mr. Vimal A. Purohit assisted by learned advocate Mr. Abhishek Sharma for the petitioners and learned advocate Mr. Haribhai Patel for learned advocate Mr.

Deepak P. Sanchela for the respondent.

3. The brief facts of the case are as under:-

3.1. Petitioners-original plaintiffs have filed a suit for declaration and permanent injunction coupled with relief of protection of their easementary rights over a strip of land. Before oral evidence is led on behalf of the plaintiffs, an application under Order VII Rule 14 (3) read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) was filed by plaintiffs seeking production of documentary evidence. The application came to be partly allowed, wherein the production application with regard to documents at serial Nos.1 to 16 and 25 came to be rejected and documents at serial Nos.17 to 24 and 26, came to be allowed. Against the rejection of the production of documents at serial Nos.1 to 16 and 25, petitioners-original plaintiffs are before this Court.

4. Learned advocate for the petitioners submitted that the plot No.1 which was situated at station road at Talaja, District- Bhavnagar was purchased by father and paternal uncle of plaintiff No.1. The said plot was subsequently divided into two parts being Plot 1A and 1B. Out of which 1A which is the eastern part of the original plot came into possession of the father of the plaintiff No.1 and father of plaintiff No.1 constructed the said suit premises. The eastern side of the plot being a public road, defendants by violating easementary rights of the plaintiffs, constructed shops. As the easementary rights of the plaintiffs were encroached upon, Civil Suit No.27 of 1997 was filed by the father of plaintiff No.1. The said suit came to be withdrawn subsequently. As defendants again started construction on the said disputed portion of the land, plaintiffs- petitioners herein filed the present suit for the prayers prayed for in the plaint. After the issues were framed, the stage was to submit examination-in-chief by the plaintiffs. Before the examination-in-chief could be tendered, the plaintiffs filed an application Exhibit-99 seeking production of documentary evidence in the nature of government records, correspondences ensued between defendants and plaintiffs pending the suit, and certain documents indicating resolutions, raja chithi, sanctioning of pl