1. Rule. Ms. Megha Jani, learned advocate for the respondent (Caveator), waives service of notice of Rule on behalf of the respondent. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

2. The challenge in this petition under Article 227 of the Constitution of India, is to the order dated 22.01.2013, passed by the learned 10th Additional Senior Civil Judge, Ahmedabad (Rural) (“the Trial Court” for short), below the application at Exh.85, preferred by the respondent herein for appointment of a Court Commissioner, in Civil Misc. Application No.65 of 2012, whereby, the said application has been allowed.

3. Briefly stated, the relevant facts of the case are that the petitioner instituted Special Civil Suit No.79 of 2009, seeking various reliefs in respect of land bearing Revenue Survey No.137, admeasuring 15,783 sq. mtrs., situated at Makarba, Taluka: Ahmedabad-City-West, District Ahmedabad (“the suit land”). The present respondent is defendant No.7 in the said suit. There is a history of litigation between the parties and five different suits have been instituted b