DENY @ DINESHBHAI AMARSHI AJMERA Vs. KHUTEJABIBI

JUDGEMENT

(1.) RULE . Mr.S.P.Majmudar, learned advocate, waives service of notice of Rule for respondent No.1. Though respondent No.2 has been served with Notice, none has appeared on his behalf. On the facts and in the circumstances of the case, and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) THIS petition, under Articles 226 and 227 of the Constitution of India, has been preferred by the petitioners (original defendants Nos.2 and 3 in Special Civil Suit No.125 of 2012), laying challenge to the order dated 12.03.2012, passed by the learned 18th Additional Senior Civil Judge, Surat, below the application at Ex.6, whereby, the application of respondent No.1 (original plaintiff) for issuance of a Court Commission, has been allowed.

(3.) HEARD Ms.Kruti M.Shah, learned advocate for the petitioners and Mr.S.P.Majmudar, learned advocate for respondent No.1.