Chandrasinh Fatehsinh Parmar vs Harjibhai Bhagabhai Rabari
2021 Latest Caselaw 16850 Guj

     C/SCA/16121/2021                                    ORDER DATED: 26/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/SPECIAL CIVIL APPLICATION NO. 16121 of 2021
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                        CHANDRASINH FATEHSINH PARMAR
                                     Versus
                          HARJIBHAI BHAGABHAI RABARI
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Appearance:
MR KV SHELAT(834) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
                  Date : 26/10/2021
                   ORAL ORDER

1. By way of present petition, petitioners have prayed for

following reliefs:

"(A) The Honourable Court be pleased to admit and allow this petitioner and to issue appropriate writ, order or direction by directing the Ld. Trial Judge to hear and decide application exhibit 47 for reopening of the petitioner's (Original Defendant's) right to cross examine the Plaintiff and to produce oral and documentary evidence of the Defendant side and that to decide the Civil Suit No.283 of 2015 on merits pending before the Ld. Senior Civil Judge, Vadodara.

(B) Pending final hearing and disposal of the present petition the Hon'ble Court be pleased to stay the further proceedings of the Suit as the matter is kept for final hearing and judgment on 28.10.2021."

2. Heard learned advocate for the petitioners.

3. It is submitted by learned advocate for the petitioners that

application Exh.47 was filed on 05.09.2018 for reopening the right

for cross examination of the plaintiff and also for producing the

relevant documentary evidence as well as to open right of

C/SCA/16121/2021 ORDER DATED: 26/10/2021

arguments, which was fixed for hearing by the court below on the

very same day. It is further submitted that thereafter several dates

were fixed for hearing of application Exh.47, but the said application

is pending and has not been decided by the trial Court. It is further

submitted that trial court is asking for final arguments from the

parties to which evidence of petitioners is required to be recorded as

the advocate is changed. That application Exh.47 is to be decided,

and therefore, the suit cannot be proceeded for further hearing at this

stage.

4. Considering the issue involved in the present petition, this

Court deems it fit not to issue notice to other side.

5. Petitioners are hereby permitted to request the learned trial

Court to expedite the hearing of application Exh.47 preferred on

05.09.2018 by the present petitioners on 28.10.2021 and learned

Trial Court may decide the application in accordance with law.

6. With this observation and direction, present petition stands

disposed of.

Direct service is permitted.

(B.N. KARIA, J) SUYASH