C/SCA/13218/2025 ORDER DATED: 23/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13218 of 2025 ========================================================== JYOTSNABEN KIRITBHAI PATEL & ORS. Versus GOHIL LAKHDHIRSINH KIRITSINH ========================================================== Appearance: MR A R DWIVEDI(11319) for the Petitioner(s) No. 1,2,3 MR R G DWIVEDI(6601) for the Petitioner(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 23/09/2025 ORAL ORDER 1. Heard learned Advocate Mr. R. G. Dwivedi for the petitioners. 2. The present writ application is filed under Article 227 of the Constitution of India, seeking the following reliefs: “A. YOUR LORDSHIPS be pleased to issue an appropriate writ, order or direction, quashing and setting aside the order dated 17/12/2024 passed by the Ld. 20th Additional Senior Civil Judge, Vadodara below Exh. 109 in Special Civil Suit No.633 of 2012. (Annexure-'A') B. YOUR LORDSHIPS be pleased to stay the implementation, execution and operation of the impugned order dated 17/12/204 passed by the Ld. 20th Additional Senior Civil Judge, Vadodara below Exh. 109 pending hearing. (Annexure-A) C. YOUR LORDSHIPS be pleased to stay the proceedings of Special C/SCA/13218/2025 ORDER DATED: 23/09/2025 Civil Suit No.633 of 2012 pending before Ld. 20th Additional Senior Civil Judge, Vadodara till final hearing and disposal of present application. D. YOUR LORDSHIPS be pleased to grant such other and further reliefs as deemed fit in the interest of Justice and equity.” 3. At the outset, learned Advocate Mr. Dwivedi would submit that the documents which are not sought to be exhibited as per order dated 17th December 2024, passed by the 20th Additional Senior Civil Judge, Vadodara, below Exh.109 in Special Civil Suit No.633 of 2012, is contrary to the documentary evidence on record, inasmuch as all original documents/certified copies were submitted along with Exh.109, thereby, all such documents need to be exhibited. According to learned Advocate Mr. Dwivedi, only documents produced at mark-108/1, 108/4 to 108/8 were given exhibit and the rest were discarded. 4. Having heard learned Advocate Mr. Dwivedi, if the petitioners have specific case that all original documents were submitted along with the impugned application Exh.109 in the aforesaid suit, the observations made by the Trial Court in regard to the fact that the documents which were not given exhibit are xerox copies would be an error apparent on the face of the record. In C/SCA/13218/2025 ORDER DATED: 23/09/2025 view of that, at this stage, this Court would not like to entertain the present writ application, but reserving liberty in favour of the petitioners to file an appropriate application seeking review of the impugned order dated 17th December 2024 passed by the Trial Court below Exh.109 in the aforesaid suit, thereby, any error apparent on the face of record can be pointed out to the Trial Court. As and when such application will be filed, after giving an opportunity of hearing to the opposite side, the Trial Court shall decide such application in accordance with law. 5. It is made clear that, at this stage, this Court has neither gone into nor examined the merits of the matter. 6. In view of the aforesaid, the present writ application is disposed of. No order as to costs. (MAULIK J.SHELAT,J) Nilesh Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARMAR NILESHKUMAR R(HCD0068), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 24/09/2025 14:17:40