Gujarat High Court
Laxmiben Govindbhai Pindoria vs State Of Gujarat on 2 January, 2024
NEUTRAL CITATION
C/SCA/17100/2023 ORDER DATED: 02/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17100 of 2023
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LAXMIBEN GOVINDBHAI PINDORIA
Versus
STATE OF GUJARAT
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Appearance:
H P BAXI(9459) for the Petitioner(s) No. 1,2,3,4,5
SHIVANI R MODI(9280) for the Petitioner(s) No. 1,2,3,4,5
MR ADITYA D DAVDA, AGP for the Respondent(s) No. 1,2
MR HARSH M KHATRI(12783) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 02/01/2024
ORAL ORDER
1. Heard learned advocate Mr. H. P. Baxi for petitioners, learned advocate Mr. H. M. Khatri for respondent No.3 and learned Assistant Government Pleader Mr. Aditya D. Davda for respondent-State.
2. Upon the consent and joint request of learned advocates appearing for the respective parties, this matter is taken up for final hearing.
3. By way of the present petition under Articles 226 & 227 of the Constitution of India, the petitioners herein have prayed for Page 1 of 5 Downloaded on : Thu Jan 04 20:38:32 IST 2024 NEUTRAL CITATION C/SCA/17100/2023 ORDER DATED: 02/01/2024 undefined setting aside the orders dated 04.08.2023 passed below Exhibit- 5 and below Exhibit-11 by the learned Principal District Judge, Kachchh at Bhuj in Civil Regular Appeal No.186 of 2023.
4. Learned advocate for the petitioners has submitted that the petitioners have preferred Civil Regular Appeal No.186 of 2023 before the learned Court below. In the said appeal, the petitioners moved the application below Exhibit-5 for stay of the impugned judgment and decree and an application Exhibit-11 seeking production of additional documents under Order 41 Rule 27 of the Code of Civil Procedure. It is further submitted that the documents, which were sought to be exhibited before the learned Court below, were not exhibited and hence, the said documents were sought to be produced before the learned Court below with a request to exhibit the same. It is further submitted that recordings of the CCTV footages, which were planted at the said suit site, are required to be brought on record, which shall assist the learned Court below in deciding the controversy between the parties.
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NEUTRAL CITATION C/SCA/17100/2023 ORDER DATED: 02/01/2024 undefined
5. On the other hand, learned advocate for the respondent No.3 has pointed out that the orders passed below Exhibit-5 and Exhibit-11 were purely on factual aspects and this Court may not interfere in the findings of the learned District Judge. It is further submitted that during the course of the trial, the plaintiffs were not protected by any order of stay. The observations made by the learned Court below while deciding the suit is that the plaintiffs are not in possession of the suit land and in view of such findings of fact, the learned District Court has rightly dismissed the application below Exhibit-5. It is further submitted that an attempt was made by the plaintiffs during the course of the trial for getting the documents exhibited vide Exhibit-139, which came to be rejected on 04.12.2021, whereby it was submitted that the petitioners may not be permitted to have the second round by making a request for exhibiting the documents.
6. Having considered the submissions and the factual aspects of the matter, the learned District Court has observed that during Page 3 of 5 Downloaded on : Thu Jan 04 20:38:32 IST 2024 NEUTRAL CITATION C/SCA/17100/2023 ORDER DATED: 02/01/2024 undefined the course of trial, the plaintiffs made an application below Exhibit-139 for exhibiting the documents mark 53/6, which came to be rejected vide order dated 04.12.2021 and the said order was not challenged by the plaintiffs. It is further observed by the learned District Court that in the depositions documents mark 37/77 and mark 37/79 though referred, are not proved and hence, they were not exhibited. Thus, the legal position is crystal clear that unless and until, the party proves the contents of the documents, no document can be exhibited. In the present case, the learned District Judge has considered the factual aspects of the matter, which was available on record, while deciding the applications below Exhibit-5 and Exhibit-11.
7. Even the scope of Article 227 of the Constitution of India is a very limited and this Court cannot interfere in the findings of facts, unless and until, the same are perversed and arbitrary. In the present set of facts, I do not find any perversity in findings and observations made by the learned District Judge. Page 4 of 5 Downloaded on : Thu Jan 04 20:38:32 IST 2024
NEUTRAL CITATION C/SCA/17100/2023 ORDER DATED: 02/01/2024 undefined The findings are purely on factual aspects of the matter. Hence, the petition is devoid of merit. Accordingly, the present petition is dismissed. No order as to costs.
(D. M. DESAI,J) RINKU MALI Page 5 of 5 Downloaded on : Thu Jan 04 20:38:32 IST 2024