JUDGMENT :

1. Rule. Learned advocate Mr. N.K. Majmudar waives service of notice of Rule on behalf of respondents.

2. By way of the present petition, the petitioners have challenged the order dated 24.08.2021 passed by the learned Additional Civil Judge, Palanpur below Exh.6, whereby the learned Judge has allowed the application and directed the Surveyor, DILR Office, Palanpur as a Court Commissioner under Order 26 Rule 9 of the Code of Civil Procedure for preparing report and sketch/map of the site.

3. Heard learned advocate Mr. Sunil K. Shah for the petitioners and learned advocate Mr. N.K. Majmudar for the respondents.

4. It is contended in the petition that the learned Trial Judge has not granted time to file reply to the Exh. 6 application and on the first day of Notice i.e. on 23.08.2021, heard the application and order is passed.

4.1. It is further contended that on 23.08.2021, the learned Judge has not granted any time to file reply to the Exh. 6 application and on the very day Exh. 6 application was heard and on the next day order is passed. Therefore, the same is against the principles of natural justice and violating Article 14 of the Constitution of India.

5. Learned counsel f