(1.) THIS matter has been called out twice. Learned advocate Ms.Rukhsana M.Pathan is not present even on the second call.
(2.) HEARD learned advocate Mr.Harnish V.Darji appearing for respondent no.1. In this petition preferred under Article 227 of the Constitution of India, the petitioner original plaintiff seeks to challenge the judgment and order dated 3rd September 2005 passed by the Presiding Officer, Fast Track Court No.2, Vadodara in Misc. Civil Appeal No.339/2000, whereby the Fast Track Court No.2, Vadodara dismissed the Appeal preferred by the petitioner herein confirming the judgment and order passed by the 6th Jt.Civil Judge (S.D.), Vadodara dated 30th November 2000 below Exh.5 in Regular Civil Suit No.369/1999.
(3.) IN view of the fact that there are concurrent findings of both the Courts below, I am not inclined to disturb the concurrent findings of facts in exercise of my supervisory jurisdiction under Article 227 of the Constitution of INdia. IN this view of the matter, I am left with no other option but to reject this petition. The petition is hereby rejected with no order as to cost. INterim relief granted earlier stands vacated forthwith. Rule is discharged.