MELABHAI KAVALDAS PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The plaintiffs-petitioners directed this civil revision application under Section 115 of the Code of Civil Procedure, 1908 against the order of the Civil Judge (J.D.), & J.M.F.C., Palanpur dated 15.6.1998 in the Regular Civil Suit No. 110/98 under which the application filed by the defendant- respondent No. 2 was allowed and the earlier Panchnama and map prepared of the disputed land has been set aside and the Land Record Inspector, Palanpur was appointed as Court Commissioner to prepare fresh Panchnama and maps of the disputed land.

(2.) Relying on the decision of the Kerala High Court in the case of Shivaramam v. V.C. Narayanan, the learned Counsel for the petitioners contended that unless the earlier Panchnama and maps prepared are declared to be wrong and set aside the learned Trial Court has no jurisdiction to appoint another Commissioner to prepare the Panchnama and maps of the disputed land as such there was no necessity of appointment of any other Commissioner.

(3.) I have given my thoughtful consideration to the submissions made by the learned Counsel for the petitioners.