NAVINBHAI RATILAL SHETH Vs. PALITANA NAGAR PALIKA

JUDGEMENT

(1.) The present petition is filed by challenging the impugned order passed by the learned Principal Senior Civil Judge, Palitana, District Bhavnagar in Regular Civil Suit No.137 of 2021, whereby vide order dtd. 4/2/2022, application below Exh.24 is rejected. Hence, the present petition is filed.

(2.) Heard learned advocate Mr. Kuldeep D. Vaidya for the petitioners, learned advocate Mr. Deepak P. Sanchela for the respondent No.1 and learned advocate Mr. V.C. Vaghela for the respondent Nos.2.1, 2.2, 2.3, 3, and 4.

(3.) The present petition is filed by the petitioners, inter alia, allegeding that the Regular Civil Suit No.137 of 2021 is filed before the learned Principal Senior Civil Judge, Palitana, District Bhavnagar by the petitioners - original plaintiffs for seeking declaration and injunction about the disputed construction plot number 17 of Ishwar Nagar Society, Palitana whereby the petitioners - original plaintiffs have given an application for caring out an inventory by the Court Commissioner under the provisions of Order XXVI Rule 9 of the Code of Civil Procedure, 1908. That application is contested by the contesting parties in the suit, and thereafter, by impugned order dtd. 4/2/2022, the Trial Court has rejected the application of the petitioners for carrying out the Panchnama/Inventory of the disputed premises by appointing Court Commissioner under the provisions of Order XXVI Rule 9 of the Code of Civil Procedure, 1908.