JUDGMENT :

1. Rule.

2. This petition under Articles 226/227 of the Constitution of India is filed by the petitioner – original plaintiff against an order dated 17.12.2015, passed below application Exh. 35 in Regular Civil Suit No. 124 of 2014 by the learned Additional Civil Judge, Khambhalia. By the said application, the petitioner – plaintiff had prayed for to measure and mark the land belonging to the petitioner – plaintiff through the DILR, which came to be rejected by the aforesaid order.

3. Heard, learned advocate Mr. P. M. Lakhani for the petitioner – plaintiff and learned advocate Mr. Krunal Vyas for the respondent.

3.1 The learned advocate for the petitioner, with all vehemence at his command, submitted that the impugned order is contrary to law and the facts and record of the case. He submitted that the learned trial Judge has passed the impugned order without application of mind and in mechanical manner inasmuch as, the measurement, which was sought to be done by way of the application in question was necessary so as to arrive at just conclusion and to get the actual measurement. Further, the petitioner – plaintiff was also ready and willing to pay the requisite fees for the