VIKRAMSINH NATHUBHA ZALA Vs. SATWARA NARSHIBHAI DEVRAJBHAI NAKUM

JUDGEMENT

(1.) THIS appeal arises from judgment and order passed by learned Single Judge dated 19.10.2010 in SCA No. 13796 of 2010, whereby learned Single Judge refused to grant any relief to the appellants - original respondents and disposed of SCA No. 13796 of 2010 by making certain observations and clarifications and confirmed order dated 1.10.2010 passed by the learned Civil Judge below Ex.17 in Special Civil Suit No. 90 of 2010.

(2.) IT appears that the respondent herein - original plaintiff of Special Civil Suit No. 90 of 2010 challenged the order dated 1.10.2010 passed by Additional Senior Civil Judge, Morbi below Exh.17 in Special Civil Suit No. 90 of 2010, whereby the learned Civil Judge directed that a panchnama of the disputed property be drawn. It also appears that before SCA No. 13796 of 2010 could be preferred, panchnama was already drawn by the Court Commissioner appointed for the purpose of drawing the panchnama and therefore, learned Single Judge disposed of the petition by observing that the Civil Court would consider the legality and maintainability of the panchnama while considering the evidence at the time of deciding the Civil Suit.

(3.) IT is evident from the impugned order passed by the learned Single Judge that nothing has been observed against the appellants herein, which can be said to be prejudicial to their interest.