(1.) Rule. Ms.Archana R. Acharya, learned advocate waives service of notice of Rule for and on behalf of the respondent.
(2.) By way of this petition under Articles 226 and 227 of the Constitution of India, present petitioner, who is the original plaintiff before the Trial Court i.e. in Regular Civil Suit No.15 of 2016, has challenged the order passed by the learned 7th Additional District Judge, Banaskantha at Palanpur in Civil Misc. Appeal No.3 of 2017 dtd. 30/3/2017.
(3.) Short facts of the present case may be summarized as under: