BHIKHABHAI CHUNIBHAI PATEL Vs. UMESHBHAI KANUBHAI PATEL

JUDGEMENT

(1.) THIS petition has been preferred against the order dated 22.02.2010 passed below application Exhibit-23 filed in Special Civil Suit No.34/2009 whereby, the said application came to be rejected.

(2.) THE facts in brief are that the petitioner and the respondents herein had entered into an Agreement of Sale on 28.03.2008 in respect of one Adalu/Gabhan of the petitioner.

(3.) IT is the case of the petitioner that his nephew, one Thakorebhai, had a telephonic conversation with the respondents and the said conversation was recorded in a Compact Disc (CD). The petitioner, thereafter, filed Special Civil Suit No.34/2009 for declaration and permanent injunction in respect of the so-called sale of suit property under the sale deed, which is stated to have been executed fraudulently. The petitioner had also preferred application under Order 39 Rule 1 and 2 praying for temporary injunction. IT is the further case of the petitioner that the aforesaid CDs were produced before the Court below by way of application Exhibit-23 praying to listen the said CDs before or during the hearing of Exhibit-5 application. However, the said application was rejected by the Court below by way of the impugned order. Hence, this petition.