JETPUR NAVAGADH MUNICIPALITY Vs. NATHABHAI HANSARAJBHAI DHOLARIA

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India, with a prayer to quash and set aside the order dated 03. 01. 2009 passed by the trial Court below application at Exhibit-12 in Regular Civil Suit No. 118 of 2006, whereby the application of the petitioner (Original Defendant)for appointment of a Court Commissioner has been rejected.

(2.) THE brief facts of the case relevant for the decision of this petition are that, the above-mentioned suit has been filed by the respondents herein, and the petitioner, who is the Jetpur Navagadh Municipality, is the defendant. The suit is filed with a prayer for declaration and grant of permanent injunction on the ground that the plaintiffs are residing in the five rooms situated in single row, in the property, which came into their possession after the death of their father, and the defendant be restrained from demolishing the encroachment on the road belonging to the Municipality.

(3.) MR. R. R. Trivedi, learned Counsel for the petitioner-Municipality has submitted that the impugned order is erroneous, inasmuch as the Court below has committed material illegality in rejecting the prayer for appointing the Maintenance Surveyor of the City Survey Department as a Court Commissioner in order to ascertain whether there is encroachment or not on the road belonging to the Municipality.