HAJI ARIFBHAI HAJI GANIBHAI MEMAN Vs. MAMLATDAR

JUDGEMENT

(1.) Rule. Service of rule is waived by Mr.Himanshu K. Patel, learned Assistant Government Pleader for respondents no.1 to 3 and Mr.B.S. Patel, learned advocate for respondent no.4.

(2.) The petitioners- original plaintiffs are before this Court being aggrieved by an order passed below exh.47 dated 26.12.2008, whereby the request made by the petitioner- original plaintiff for Second Court Commissioner is dismissed. After the matter is opened for hearing, learned advocate Mr.B.S. Patel for respondent no.4 submitted that he has instructions not to object to appointment of Second Court Commissioner, but it may be clarified that this 'consent''/ 'no objection' be not treated as giving up any right and it should be made clear that it will be without prejudice to the rights of respondent no.4 available in this regard. In view of that the order passed below exh.47 is quashed and set aside. Application-Exhibit 47 is allowed. The Court below is directed to appoint Second Court Commissioner to draw necessary Panchnama.

(3.) The present Special Civil Application is disposed of accordingly. Rule is made absolute to the aforesaid extent only. Ad interim relief granted earlier is vacated.