Gujarat High Court
Laxmiben Govindbhai Pindoria vs State Of Gujarat on 2 January, 2024
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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
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C/SCA/17100/2023 ORDER DATED: 02/01/2024
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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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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
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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.
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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
