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SCA/5142/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5142 of 2011
=========================================================
JAYANTILAL
JOITARAM PATEL & 1 - Petitioner(s)
Versus
SACHIN
PURUSHOTTAMBHAI PATEL & 1 - Respondent(s)
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Appearance :
MR
NIRAV C THAKKAR for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 26/04/2011
ORAL
ORDER
1. By
way of this petition, the petitioners have prayed to quash and set
aside the impugned order dated 08.04.2011 passed by the learned
Principal Senior Civil Judge, Vijapur in application Exhibit-10 filed
in Regular Civil Suit No. 20 of 2011, whereby the said application
was allowed.
2. The
facts in brief are that the petitioners have preferred Regular Civil
Suit No. 20/2011 before the Court of learned Senior Civil Judge,
Vijapur, praying for declaration and injunction of the suit property.
However, the respondents have preferred application Exhibit-10
praying for appointment of Court Commissioner. The trial Court vide
order dated 08.04.2011 allowed the said application. Hence, this
petition.
3. Heard
learned counsel for the petitioner and perused the documents on
record. Looking to the facts of the case, it is clarified that the
Court Commissioner will record the financial possession of the things
of the suit property and that he will not record anything else which
is not permissible under the law. It is however, observed that if the
Court Commissioner records the things which are not permissible
under the law, it will be open for the petitioners to raise this
contention in the suit proceedings.
4. With
the above observation, the petition stands disposed of. Direct
Service is permitted today.
[K.S.
JHAVERI, J.]
/phalguni/
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