MAS UDKHANJI KARIMKHANJI TALUKDAR Vs. VISHNUBHAI GAFURBHAI RABARI

JUDGEMENT

(1.) The petitioners have challenged the order dated 02.07.2009 passed by lower Appellate Court i.e. Presiding Officer, Fast Track Court, Ahmedabad (Rural) in Civil Miscellaneous Application No.142 of 2008, whereby, the said Court was pleased to quash and set aside the order dated 22.10.2008 passed by Principal Civil Judge, Dholka, in Regular Civil Suit No.19 of 2007 at Exh.61. The learned Civil Judge, Dholka, by order dated 22.10.2008, was pleased to allow the plaintiffspetitioner's application and the Court has ordered to appoint Court Commissioner on payment of necessary charges by the plaintiffspetitioners. The said Court has ordered that the Commissioner would remain present at the time of carrying out of fencing work surrounding the suit property.

(2.) The petitionersplaintiffs had filed suit for declaration and injunction against the present respondents who are defendants in the said suit. The suit property referred as Tika No.5, City Survey No.387, 388, 389, 398. In substance, the petitionersplaintiffs had prayed that the respondentsdefendants be restrained from causing interference in any manner in enjoyment of the suit property of the petitionersplaintiffs.

(3.) Heard learned advocate Mr.Asifkhan Pathan for the petitioners. Learned advocate for the respondents absent.