##PAGE1##

NEUTRAL CITATION

C/SCA/1206/2026 ORDER DATED: 03/02/2026

0.5926958509954336

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 1206 of 2026

==========================================================

VALA SHIVRAJBHAI DADBHAI

Versus

SOMPURA MANHARBHAI PRABHASHANKAR

==========================================================

Appearance:

MR SAGAR B PANDYA(13177) for the Petitioner(s) No. 1

MR.HEMANG H PARIKH(2628) for the Petitioner(s) No. 1

==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

Date : 03/02/2026

ORAL ORDER

1. The present petition is filed under Article 227

of the Constitution of India, petitioner-original plaintiff

has prayed for following reliefs:-

“8.(A) Your Lordships may be pleased to admit and allow this

petition;

(B) Your Lordships may be pleased to issue a writ of Certiorari

and/or any other appropriate writ, order or direction in the nature of

Certiorari, quashing and setting aside the impugned order dated

08.08.2025 (Annexure-A) passed by Learned Principal Senior Civil

Judge, Sabarkantha at Idar in Special Civil Suit No. 03 of 2025

whereby the Application below Exh. 06 is dismissed and further

direct to allow the Application below Exh.06 in the interest of justice;

(C) Pending admission, hearing and/or final disposal of this petition,

Your Lordships may be pleased to direct the Respondent to maintain

status quo in respect of the movable and immovable properties lying

in the suit land in the interest of justice and further be pleased to

grant the Application Exh. 6 for appointment of the Court

Commissioner to;

(D) to pass such other and further orders as may be expedient and

necessary in the circumstances of the case.

Page 1 of 10

Uploaded by MANOJ KUMAR(HC01092) on Fri Feb 06 2026 Downloaded on : Wed Apr 01 11:50:42 IST 2026

NEUTRAL CITATION

C/SCA/1206/2026 ORDER DATED: 03/02/2026

0.5926958509954336

2. Heard learned advocate Mr.Hemang Parikh

for the petitioner-original plaintiff.

3. Learned advocate for petitioner has submitted

that the petitioner-original plaintiff has filed a suit

seeking declaration and execution of the Agreement to

Sell dated 06.11.2023, whereby the petitioner had the

first right to purchase the suit property, and also

prayed that, pursuant to the Agreement to Sell dated

06.11.2023, and upon acceptance of remaining

consideration amount, the sale deed in respect of

machinery be executed in favour of plaintiff. In the

alternative, plaintiff has prayed that, in case, defendant

fails to execute the sale deed, Court Commissioner be

appointed for execution of sale deed. The plaintiff has

also prayed for return of an amount of

Page 2 of 10

Uploaded by MANOJ KUMAR(HC01092) on Fri Feb 06 2026 Downloaded on : Wed Apr 01 11:50:42 IST 2026

NEUTRAL CITATION

C/SCA/1206/2026 ORDER DATED: 03/02/2026

0.5926958509954336

Rs.1,05,00,000/- with interest from defendant and has

further sought a restraint order against the defendant

from creating any third-party rights over the suit

property.

3.1 It is further submitted that an application

Ex.6 came to be filed by plaintiff seeking appointment

of a Court Commissioner under Order XXVI Rule 9 of

the Code of Civil Procedure, 1908 (For short ‘CPC). It

is submitted that the purpose of appointing a Court

Commissioner is to ascertain the position of the suit,

so that if the defendant changes the nature of

possession of the suit property, the report of Court

Commissioner would help the plaintiff in establishing

the possession which was prevailing upon the date of

filing of the suit. Reliance has been placed upon the

Page 3 of 10

Uploaded by MANOJ KUMAR(HC01092) on Fri Feb 06 2026 Downloaded on : Wed Apr 01 11:50:42 IST 2026

NEUTRAL CITATION

C/SCA/1206/2026 ORDER DATED: 03/02/2026

0.5926958509954336

case of Haryana Waqf Board Vs. Shanti Sarup and Ors.

reported in (2008) 8 SCC 671.

3.2 It is further contended that the defendant is

the owner of suit property and in possession of the

same. The plant and machinery lying on the suit land

belong