THAKORE BHAGWANJI MOHANJI Vs. PATEL GANVANTBHAI SHANKARLAL

JUDGEMENT

(1.) This Court has extensively heard the parties and by consent, the petitions are decided at the admission stage.

(2.) Order dated 26.12.2018 rejecting the application seeking to summon certain witnesses with relevant documents, by the learned 3rd Additional Civil Judge, Kalol, is sought to be assailed in this group of petitions.

(3.) The petitioners sought the summons for the witnesses viz. Assistant District Registrar, Ahmedabad and Assistant Charity Commissioner or Charity Commissioner, Ahmedabad for deposition in connection with the certificate under section 88B of the Bombay Tenancy and Agricultural Lands Act, 1948 and/or the permission if any obtained by Dharti Samudayik Agricultural Cooperative Society Limited for purchase of the suit agricultural land, if granted, and the sanction under sections 63 and 64 of the Act as also under section 36 of the Public Trust Act, if any. The application was opposed by oral submissions on the premise that the evidence of the aforementioned witnesses to prove the said document was unnecessary in absence of challenge to the sale deed; as also in absence of the petitioner's being the owners of the suit agricultural lands; as also in absence of the proceedings under section 88B of the Act being the the subject matter of the suit. The application was also opposed on the ground that the Panjarapole Institution possesses the said certificate and four production witnesses were already examined and that certificate under section 88B was already admitted in evidence during the testimony of the Collector. It was contended that in absence of the challenge to the veracity of the document issued under section 88B, the application was not maintainable.