HASAMBHAI DAUDBHAI DHOLITAR Vs. ALLAUDINBHAI UMARBHAI DHOLITAR

JUDGEMENT

(1.) Challenge in this petition under Article 227 of the Constitution of India is to the order dtd. 12/5/2023 passed below Exh.6 in RCS No.111 of 2023, by which the Additional Civil Judge, Limbdi at Surendranagar, rejected the application for appointment of Court Commissioner to carry out the local inspection with respect to alleged right of way.

(2.) The petitioner-original plaintiff filed a civil suit for permanent injunction and declaration claiming right to access from the land adjacent to the agricultural field bearing Revenue Survey No.1530 (Old Revenue Survey No.1480) belonging to the respondent-defendant. In order to show the actual position of place, an application Exh.6, for appointment of Court Commissioner to carry out the local inspection with sitemap, with respect to alleged right of way claimed in the suit. The Court below after hearing the parties, rejected the application, observing that, the party cannot be permitted to collect the evidence by appointing Court Commissioner and considering the rough sketch and google map produced by the plaintiff, there is no need to carry out the local inspection.

(3.) This Court has heard learned counsel Mr. B.K. Ramanuj and Mr. Nimit Y. Shukla for the respective parties.