JUDGMENT :

1. RULE. Learned Advocate, Mr.D.K. Puj waives service of rule on behalf of the Respondent Nos.1 to 5 and learned Advocate, Mr. Jigar Patel waives service of rule on behalf of the Respondent No.9.

2. This petition is filed under Article-227 of the Constitution of India for challenging the order dated 22-09-2020 passed below application Exh-10 and order dated 08-09-2020 passed below Exh-7 passed by the 11th Additional Senior Civil Judge, Gandhinagar in the proceedings of Special Civil Suit No. 96 of 2020. The Order below Exh-7 was passed on an application filed by the respondent Nos. 1 to 5 who are original plaintiffs in the Civil Suit for the purpose of carrying out panchnama by appointing the Court Commissioner. Thereafter, the petitioner–original Defendant No.13 filed an application Exh-10 with the prayer to recall the order dated 08-09-2020 passed below Exh-7. An application, Exh-10 came to be rejected, consequently, the Order passed below Exh-7 was confirmed. It is this issue which is the subject matter of challenge in this petition.

3. Learned Advocate for the petitioner submitted that it is the case of the petitioner that though the respondent Nos. 1 to 3 had executed