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SCA/13773/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13773 of 2010
=========================================================
VASANTBHAI
HARIBHAI GAJERA - Petitioner(s)
Versus
VAJUBHAI
NAGJIBHAI MALANI & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DC DAVE for
Petitioner(s) : 1,
MR. MIHIR THAKORE, LD. SR. ADVOCATE WITH MR.
VIRAL K SHAH for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 15/10/2010
ORAL
ORDER
It
is agreed by learned advocate Mr. Dave for the petitioner and learned
Sr. advocate Mr. Mihir Thakore with Mr. Viral K. Shah for respondent
No. 1 that a Court Commissioner be appointed and panchnama of suit
land be drawn and same be placed on record of this Court.
In
view of the above consensus, learned District Judge, Surat, is
directed to appoint a member of the staff as Court Commissioner to
draw panchnama of the suit land together with map. The Court
Commissioner is directed to carry out the commission work after
informing learned advocates for the parties intimating them about the
time and date of commission work to enable them to remain present at
the time of commission work. The cost of commission work shall be
borne by the parties.
As
regards remuneration, learned District Judge is at liberty to pass
appropriate orders. The Court Commissioner is directed to submit the
report on or before 26.10.2010.
In
view of the above, the order of stay passed by the appellate Court
earlier to continue till then. S.O. to 26.10.2010. Direct
service today is permitted.
(BANKIM
N. MEHTA, J)
(pkn)
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