LALITKUMAR MADANLAL GUPTA AND ORS Vs. CHAIRMAN - SECRETARY - RAMDEVPIR COOPERATIVE HOUSING SOC LTD AND ORS

JUDGEMENT

(1.) WITH consent of the learned advocates for the parties, the petition is taken up for final disposal.

(2.) IN this petition filed under Article 226/227 of the Constitution of India, the petitioners have challenged order dated 30.4.2013 passed by the learned Board of Nominees in Lavad Suit No. 409 of 2008 and the confirming order dated 12.8.2013 passed by the Gujarat State Coop. Tribunal ("Tribunal" for short) in Revision Application No.64 of 2013.

(3.) THE case of the petitioners is that they are owners of Bungalow No.31 and 32 in respondent No.1 cooperative society. Since their right to pass through the road adjacent to their bungalow was restricted, they are compelled to file the above referred Lavad Suit before the learned Board of Nominees. In the suit, after their examination in chief and cross examination was over, they submitted list of witnesses on 22.3.2013. To call witness No.1 from the said list, they filed an application to issue witness summons. It is further averred that after the examination of witness No.1 was over and when cross examination of witness No.2 was to take place, at that stage, respondent No.1 objected so far as the examination of witnesses No.3 to 6 contained in the list. Learned Board of Nominees on hearing the parties, passed order dated 30.4.2013 whereby request to call witness Nos.3 to 6 was not accepted. Such order of the Board of Nominees dated 30.4.2013 was challenged by the petitioners before the Tribunal by filing above referred revision, which was rejected by order dated 12.8.2013 against which the present petition is filed.