1. This petition has been filed challenging the order passed by the Gujarat State Co-operative Tribunal in Revision Application No.38/2011 dated 30.03.2012 whereby, the said revision was rejected and the order passed by the Board of Nominees, Surat below Mark-29 in Lavad Suit No.537/2001 dated 17.01.2011 was confirmed and also to direct the respondent-Society to produce requisite documentary evidence in the suit proceedings.
2. The facts in brief are that the petitioner herein instituted a suit being Lavad Suit No.537/2001 against respondents no.1 to 3 herein before the Board of Nominees, Surat praying for a declaration and permanent injunction in respect of the property bearing Plot No.63 situated in Village Chalthan, Taluka Choryasi, District Surat. In the said suit, the petitioner filed application Mark-29 requesting the Board of Nominees to direct the respondent-Society to produce the original or certified records of the relevant documents.
3. It is the case of the petitioner that the Board of Nominees rejected the said application Mark-29 without considering the submissions advanced by the petitioner. Against the said order, the petitioner had preferred Revision Application No.38/2011 before respondent no.4, which was also rejected, by impugned order dated 30.03.2012. Being aggrieved by the same, the petitioner has preferred the present petition.
4. Having heard learned counsel Mr. Shah, prima facie, it appears that the Board of Nominees has not completely declined to entertain the prayer made by the petitioner. In my opinion, any observations that may be made by this Court on merits may prejudicially affect the rights / interests of either party in the proceedings pending before the Board of Nominees since the suit is pending.
5. It is, therefore, held that the observations made by the Board of Nominees in the order passed below application Mark-29 and also by respondent no.4 in Revision Application No.38/2011 are tentative in nature and not final. In the suit proceedings, the petitioner shall be at liberty to raise all contentions, including the contention that the documents and Resolution submitted by the other side are not genuine. If such contention is raised, the Board of Nominees shall consider and decide the same afresh, being uninfluenced by its earlier order and also by the order passed by the revisional authority. With the above observation, the petition stands disposed of.
[K.
S. JHAVERI, J.] Pravin/* Top