This petition preferred under Articles 226 and 227 of the Constitution of India arises from the interim injunction granted in favour of the plaintiff by the Additional Senior Civil Judge, Nadiad in Special Civil Suit No.29/2006. The matter at dispute is a building standing on Plot No.31 admeasuring 3100 sq.meters situated near Mehamdabad railway station.
According to the plaintiffs, the building was in occupation of the plaintiff ý Educational Trust and was being utilised for the training to the students for physical education. According to the defendant no.1, the said building is an industrial shed. The building and the Plot No.31 is purchased by the defendant no.1 from its owner one Luna Pump Private Limited, the defendant no.2. The Plot No.31 was never in occupation of the plaintiff ý Educational Trust. The lands belonging to the plaintiff ý Educational Trust are situated at some distance from the disputed land and the shed.
I may note here that the precise identity of the disputed Plot No.31 has not come on record. The plaintiff has not shown how it acquired the possession of the disputed shed standing on the said Plot No.31.
In the circumstances, I consider it necessary to appoint a Court Commissioner to ascertain the identity and the location of the disputed land and the shed and to take survey of the lands and the buildings belonging to or occupied by the plaintiff ý Educational Trust.
The registry is directed to appoint an officer of this Court not below the rank of Section Officer to be the Court Commissioner. The Court Commissioner will visit the disputed place accompanied by the learned advocates Mr.Kogje and Mr.Adesara and the representative/s of the plaintiff and the defendant. The Court Commissioner will ascertain the identity of the lands belonging to or occupied by the plaintiff ý Educational Trust and the disputed land; will make survey of the lands and the buildings of the plaintiff ý Educational Trust i.e. how many buildings are situated in the land and what are they being used for. Either or both the parties may avail of the service of an expert to make the drawings.
The petitioners and the respondent no.1 each will deposit a sum of Rs.10,000=00 in the registry of this Court towards the remuneration of the Court Commissioner. The remuneration will be determined after the Court Commissioner submits his/her report. Out of the said sum of Rs.20,000=00 deposited in this Court, the registry will initially pay a sum of Rs.3,000=00 to the Court Commissioner towards out of the pocket expenses.
Stand over to 14th July, 2008.
(Ms.R.M.Doshit, J.) /moin