PATEL PRABHUDAS SHANKARDAS Vs. SETH PRAKASHCHANDRA BABUBHAI

JUDGEMENT

(1.) This petition is filed by the petitioner challenging the order passed by Executing Court below Exh.172 at Annexure-D to present petition and said application for producing documentary evidence may be allowed.

(2.) Short facts giving rise to the present petition are that the original plaintiff Sheth Babubhai Revchandbhai filed a Special Civil Suit No.6 and 69 of 1974 in the Court of learned Joint Civil Judge (S.D.) Mahesana against the defendant-Patel Somabhai Mohanbhai for specific performance of Banakhat dated 20.4.1971, Exh.104 and Banakhat dated 26.4.1973, Exh.116 in respect of a property comprising of ground floor and first floor situated at City Survey No.107, Tika No.8/4 having municipal census No.4/6/71/72 belonging to the said defendant Somabhai Patel. After the trial, learned trial Judge was pleased to pass common judgment and decree in both Special Civil Suit No.6 and 69 of 1974 on 24.9.1982.

(3.) Heard learned advocate Mr.Mansuri for the petitioner and Mr.Dharmesh Shah for the respondent at length and perused the material placed on record as well as the decisions cited at bar.