PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner has preferred this writ petition under Article 227 of the Constitution of India claiming the following reliefs: "a) By an appropriate writ, order or direction, impugned order dated 07.02.2018 (Annex.6) passed by the learned Family Court, Pratapgarh may kindly be quashed and set aside and application under Order 13 Rule 10 of CPC may kindly be rejected. b) Any other appropriate writ, order or direction by which this Hon'ble Court considers just, fit and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner. c) Costs of the writ petition may be awarded to the petitioner."
(2.) The respondent-plaintiff filed a suit for specific performance, by which he made prayer for specific performance of contract, for which he executed sale agreement. The respondent-plaintiff filed an application under Order 13 Rule 10 of CPC, by which he requested to summon the record of criminal original case No. 195/2012 titled as Nandlal Lohariya v. Mangi Lal Gayari and he further stated that the document regarding the sale agreement, receipt are attached with the record of criminal case, therefore, the same is required. The said application was allowed by the learned court below vide order dated 07.02.2018.
(3.) Learned counsel for the petitioner has strongly opposed the allowing of application of respondents on the ground that the same is likely to cause an impediment in the ongoing criminal trial.;