SCA/9946/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9946 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= RAJKOT MUNICIPAL CORPORATION - Petitioner(s) Versus NIRBHAY KRISHNAKANTBHAI SHAH - Respondent(s) ========================================================= Appearance : MR RM CHHAYA for Petitioner(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1, MR RAHUL K PANDYA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 02/09/2008 ORAL JUDGMENT 1. By way of this petition under Article 227 of the Constitution of India, the petitioner Rajkot SCA/9946/2008 2/3 JUDGMENT Municipal Corporation has prayed for an appropriate writ, direction and / or order quashing and setting aside the order passed by the learned Presiding Officer, Fast Track Court No.3 dated 24.7.2008 passed below Exh.11 in Civil Miscellaneous Appeal No. 26 of 2008 by which the learned trial Court has already appointed the Court Commissioner for drawing panchnama to the disputed suit property as well as Bathroom, Toilet, Pipeline and Drainage. 2. It appears that at the relevant time when the application was submitted by the respondent there was a necessity to appoint the Court Commissioner for preparing panchnama, however before the panchnama can be prepared the property in question is already demolished, therefore, purpose for which Court Commissioner was to be appointed for preparing of the panchnama does not survive. Accordingly, in view of the above as the order of appointment of Court Commissioner and preparing panchnama has become infructuous, as the property has already demolished. 3. For the reasons stated above, petition succeed. SCA/9946/2008 3/3 JUDGMENT The impugned order by the learned Presiding Officer, Fast Track Court No.2 dated 24.7.2008 passed below Exh.1 in Civil Miscellaneous Appeal No. 26 of 2008 is hereby quashed and set aside. Rule is made absolute. There shall be no order as to cost. (M.R. Shah, J.) Kaushik