The petitioners have challenged the order dated 02.07.2009 passed by lower Appellate Court i.e. Presiding Officer, Fast Track Court, Ahmedabad (Rural) in Civil Miscellaneous Application No.142 of 2008, whereby, the said Court was pleased to quash and set aside the order dated 22.10.2008 passed by Principal Civil Judge, Dholka, in Regular Civil Suit No.19 of 2007 at Exh.61. The learned Civil Judge, Dholka, by order dated 22.10.2008, was pleased to allow the plaintiffs-petitioner’s application and the Court has ordered to appoint Court Commissioner on payment of necessary charges by the plaintiffs-petitioners. The said Court has ordered that the Commissioner would remain present at the time of carrying out of fencing work surrounding the suit property.

2. The petitioners-plaintiffs had filed suit for declaration and injunction against the present respondents who are defendants in the said suit. The suit property referred as Tika No.5, City Survey Nos. 387, 388, 389, 398. In substance, the petitioners-plaintiffs had prayed that the respondents-defendants be restrained from causing interference in any manner in enjoyment of the suit property of the petitioners-plaintiffs.

3. Heard