NILESH PRAHLAD BHANUSHALI Vs. DHIRUBHAI GULABRAI THADANI

JUDGEMENT

(1.) The present petitions are filed by the petitioner - original plaintiff by challenging the impugned order dtd. 4/3/2024 passed application below Exh.151 in Special nd Civil Suit No.02 of 2009 by the learned 2 Addl. Senior Civil Judge, Gandhidham in Special Civil Application No.7050 of 2024, and the impugned order dtd. 1/4/2024 passed application below Exh.156 in Special nd Civil Suit No.02 of 2009 by the learned 2 Addl. Senior Civil Judge, Gandhidham in Special Civil Application No.7076 of 2024, as well as the impugned order dtd. 18/3/2024 passed application below Exh.154 in Special nd Civil Suit No.02 of 2009 by the learned 2 Addl. Senior Civil Judge, Gandhidham in Special Civil Application No.7134 of 2024, whereby the said applications were filed for issuance of witness summons to Sub-Registrar, Gandhidhar, which were rejected.

(2.) Since the issues involved in the present petitions are identical in nature, for the sake of convenience and brevity, Special Civil Application No.7050 of 2024 is considered as leading matter.

(3.) Brief facts of the case are as such that the dispute pertains to land situated at open Plot No.162, Ward No. 6/A, Industrial Area, Gandhidham Sq. admeasuring 868.95 meters. It is the case of the petitioner - original plaintiff that the petitioner has filed Special Civil Suit No.02 of 2009 before the Principal Senior Civil Judge, Gandhidham- Kutch praying for declaration that the defendants may not take away the possession of the suit plot illegally from the petitioner. Further, the petitioner also prayed that the power of attorney dtd. 20/5/1997 in favour of defendant No.2 is illegal and ought to be cancelled and that based on such false power of attorney.