PAGI DHIRUBHAI RAMSANGBHAI Vs. MALI RASIKBHAI DAHYABHAI

JUDGEMENT

(1.) The present petition is filed by challenging the impugned order dtd. 13/10/2021 passed below Exh.9 application in Civil Misc. Appeal No.2 of 2020 preferred under Order XXVI Rule 9 of the Code of Civil rd Procedure, 1908, by the learned 3 Additional District Judge, Limbdi, whereby, the same, for appointment of Court Commissioner, is rejected. Hence, the present petition is preferred by the present petitioners.

(2.) Heard learned advocate Mr. Harsh K. Raval for the petitioners, learned advocate Mr. Rohankumar H. Raval with learned advocate Mr. Nimit Y. Shukla for the respondent Nos.1 to 7.

(3.) Brief facts of the case are as such that the petitioners who are original defendants and respondents herein are original plaintiffs in Regular Civil Suit No.121 of 2018 before learned Principal Civil Judge, Limbdi, which is filed for seeking permanent injunction against the construction over the alleged pathway despite the plaintiffs having three separate ways for the purpose of ingress egress from their property. The learned Trial Court by order dtd. 6/2/2022 allowed Exh.5 application of the plaintiffs and directed the defendants i.e. petitioners herein not to construct over the alleged pathway and not to obstruct the plaintiffs from ingress egress from the said alleged pathway.