RANA RAFIKKUMAR BABUBHAI Vs. GORDHANBHAI BHAGWANBHAI PADHIYAR

JUDGEMENT

(1.) The present petition is filed by the petitioners - original defendants No.2 to 3 challenging the impugned order dtd. 9/2/2023 passed by application Exh.6 in Special Civil Suit No.33 of 2023 by the 7 th Additional Senior Civil Judge, Vadodara, whereby the application at Exh.6 filed by the original plaintiffs No.1 to 4 - present respondents under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 for appointment of Court Commissioner is allowed.

(2.) Heard learned advocates.

(3.) I have considered the rival submissions made at the bar by the learned advocates for the respective parties. I have perused the impugned order passed by the trial Court. On perusal of the same, it transpires that the trial Court has not dealt with the relevant provisions of law and not stated cogent and convincing reasons for passing such order. The trial Court has passed the impugned order in mechanical manner. The impugned order is a cryptic one. The impugned order is required to be quashed and set aside on this ground alone.