USMANBHAI HASANBHAI CHAUHAN Vs. ZAFARBHAI GULABBHAI CHAUHAN

JUDGEMENT

(1.) This petition is filed challenging an order passed by the learned 3rd Additional Civil Judge, Kalol, District: Gandhinagar, (wrongly stated to be Jambusar), dtd. 2/9/2021 passed below Exhibit-32 in Regular Civil Suit No. 262 of 2019, whereby the application given by the present petitioner - plaintiff, requesting Court to get the suit land measured through City Surveyor so as to bring on record the encroachment committed by the defendants, came to be rejected.

(2.) Mr. N.D. Songara, learned advocate for the petitioner submitted that the defendants have encroached over the land and to prove the same, land is required to be measured by the City Surveyor, and therefore, an application was given, which has come to be rejected.

(3.) Drawing attention of the Court to the panchnama Exhibit-9, which was drawn by the Court Commissioner earlier along with a map, he submitted that it established the encroachment over the suit property, and therefore, with a view to prove before the Court through independent evidence, the measurement of the suit property has to be conducted through the City Surveyor. Therefore, he has submitted that this application be admitted and allowed.