Vijayaben Mansukhbhai Gajera vs Vanrajsinh Govindbhai Dangar
2021 Latest Caselaw 13873 Guj

     C/SCA/13077/2021                              ORDER DATED: 13/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 13077 of 2021

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               VIJAYABEN MANSUKHBHAI GAJERA & 4 other(s)
                                Versus
                    VANRAJSINH GOVINDBHAI DANGAR
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Appearance:
M S PADALIYA(7406) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE B.N. KARIA

                             Date : 13/09/2021

                              ORAL ORDER

1. The applicants have challenged the order dated

14.06.2021 passed by the learned 4th Additional Senior Civil

Judge, Rajkot below Exh.6 in Regular Civil Suit No.88 of 2021.

2. Heard learned advocate for the applicants.

3. It is submitted by learned advocate for the applicants

that even trial of the Court Commissioner by the Court-below

was without jurisdiction and against the provisions of Order

26 Rule 9 of Code of Civil Procedure, 1908. It is further

submitted that to collect the evidence, the application was

made by the respondents without giving an opportunity of

hearing to the applicants and other respondents to defend

their case by leading evidence. It is further submitted that the

C/SCA/13077/2021 ORDER DATED: 13/09/2021

respondent/original plaintiff wanted to collect evidence

through Court with a view to show his legal possession as

there is nothing on record which he produced showing that he

is in legal possession. In support of his arguments, learned

advocate for the applicants has relied upon the following

judgments:

(i) Deny @ Dineshbhai Amarshi Ajmera Vs. Khutejabibi daughter of Ahmad Mohammad Fajal reported in 2013 JX (Guj.) 999;

(ii) Hasmukhbhai Dhanjibhai Zaveri Vs. R. Parthasarthy reported in 1971 GLR 128;

(iii) Shanti Life Space Pvt. Ltd. Vs. Umang Satishbhai Chokhawala in Special Civil Application No.6235 of 2019;

4. Notice, returnable on 11.10.2021.

5. Interim relief, as prayed in Paragraph-8(B) of the

petition, in respect of the order dated 14.06.2021 below Exh.6

passed in Regular Civil Suit No.88 of 2021, is granted till the

next date of hearing.

Direct Service is permitted.

(B.N. KARIA, J) rakesh/