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SCA/18184/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 18184 of 2007
=========================================================
CHITERMAL
JAYNARAYAN MARWADI - Petitioner(s)
Versus
NARROTAM
LEKHRAJ RAJPUT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
VILAS G GOSWAMY for
Petitioner(s) : 1,
None for Respondent(s) : 1,
MR IQBAL M KHAN
for Respondent(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5,1.2.6
NOTICE
SERVED BY DS for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 24/07/2008
ORAL
ORDER
By
way of this petition under Article 227 of the Constitution of India,
the petitioner ? original defendant No.3 has prayed for
appropriate writ, order and/or direction quashing and setting aside
the impugned order dtd.31/1/2007 passed by the Small Causes Court
No.10, Ahmedabad below application Ex.44 in HRP Suit No.62 of 1999,
by which the learned trial court has partly allowed the said
application and rejected the application partly by not passing the
order of production of some of the documents which were referred to
in the application Ex.44.
Having
heard the learned advocates appearing on behalf of the respective
parties and considering the fact that the suit was filed for decree
for possession and having opined that the documents for which the
production is sought, are not relevant for the purpose of deciding
the controversy involved in the suit, when the learned trial court
has dismissed the application, it cannot be said that the learned
trial court has committed any error which requires interference of
this Court in exercise of the powers under Article 227 of the
Constitution of India and hence the present Special Civil
Application deserves to be dismissed and is accordingly dismissed.
Notice is discharged. No costs.
[M.R.
SHAH, J.]
rafik
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