RAYCHANDJI KANJI KOLI Vs. DHUDAJI KANJI KOLI

JUDGEMENT

(1.) The present petitioner, who is the original plaintiff, in the Regular Civil Suit No. 4 of 2014, pending before the Court of learned Principal Civil Judge, Tharad, District Banaskantha, has requested this Court to quash and set aside the order dtd. 23/8/2018 passed below Exh. 20 in Regular Civil Suit No. 4 of 2014, whereby the application preferred by the petitioner for making panchnama and measurement of disputed land bearing Survey No. 64 by the D.I.L.R., Banaskantha was rejected on 23/8/2018.

(2.) It is submitted that the Regular Civil Suit No. 4 of 2014 was filed by the present petitioner for getting permanent injunction and in alternative to cancel the sale deed with consequential reliefs. During the pendency of the suit, the application below Exh. 20 was submitted by the plaintiff for doing panchnama and the measurement of the disputed land by D.I.L.R. Banaskantha. The learned Judge, Tharad was pleased to dismiss the application vide order dtd. 23/8/2018. Hence, present petition is preferred by the petitioner - original plaintiff under Article 14 , 21 and 227 of the Constitution of India.

(3.) Heard learned advocate Mr. Prakash G. Pandya for the petitioner. However, as per the cause- list, the notice was served to the respondents, nobody appeared to contest the petition.