Delhi High Court - Orders
Gurbax Singh vs Hanspal Singh on 1 June, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 276/2020
GURBAX SINGH ..... Plaintiff
Through: Mr. Brij Bhushan Gupta, Senior
Advocate with Mr. Jai Sahai Endlaw
and Mr. Subhoday Banerjee,
Advocates.
versus
HANSPAL SINGH ..... Defendant
Through: Mr. Rohan Gupta, Advocate.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 01.06.2022 I.A. 9109/2022 (for exemption)
1. Subject to the plaintiff filing original, certified and true typed copies of any document upon which the plaintiff may seek to place reliance, within four weeks from today, exemption is granted for the present.
2. The application is disposed of.
I.A. 9045/2022 (u/O-XXXIX R-1 & 2 of CPC)
3. Issue notice.
4. Notice is accepted on behalf of the counsel for the defendant.
5. Reply be filed within four weeks.
6. Rejoinder thereto, if any, be filed before the next date of hearing.
7. It is the case of the plaintiff that the defendant is carrying out structural changes in the rear courtyard of the property bearing No. 31, Signature Not Verified Signed By:SAKSHI CS(OS) 276/2020 Page 1 of 3 RAMOLA Signing Date:06.04.2022 09:14:12 Defence Enclave, Vikas Marg, Delhi-110092 (suit property), in order to deny plaintiff the access to the water pumps and underground water tank located in the rear courtyard of the suit property.
8. To determine the extent of the structural changes carried out in the suit property, at the oral request on behalf of the plaintiff, Mr. Kapil Sachdev (Mobile No. 9811181082), Architect, is appointed as the Local Commissioner. The Local Commissioner shall prepare a status report in respect of the following:
i. Whether any structural changes have been made in the rear courtyard of the suit property within last three months. ii. Whether the said structural changes obstruct the access of the plaintiff to the water pumps and underground water tank located in the rear courtyard of the suit property.
iii. Whether the defendant has demolished the original staircase leading to the rear courtyard from the first floor of the suit property and constructed a wall.
iv. Whether the iron staircase constructed by the defendant pursuant to the order dated 13th April, 2022, provides access to the plaintiff to the rear courtyard.
9. The Local Commissioner after due notice to the counsels for the plaintiff and the defendant, shall visit the suit property and prepare a status report.
10. The parties to approach the Local Commissioner within three days from today.
11. The parties and their representatives shall provide full assistance to the Local Commissioner for executing the present commission.
Signature Not Verified Signed By:SAKSHI CS(OS) 276/2020 Page 2 of 3 RAMOLA Signing Date:06.04.2022 09:14:1212. The Local Commissioner shall also take photographs and/or videos of the suit property to be filed along with the status report.
13. The fees of the Local Commissioner is fixed at Rs.1,00,000/- plus out of pocket expenses, which is to be paid by the plaintiff.
14. The Local Commissioner shall file his status report within two weeks from the visit to the suit property.
15. List before the Court on 1st September, 2022, i.e., the date already fixed.
I.A. 9108/2022 (u/O.XXXIX R.2A of CPC)
16. List before the Court on 1st September, 2022, i.e., the date already fixed.
AMIT BANSAL, J.
JUNE 1, 2022 at Signature Not Verified Signed By:SAKSHI CS(OS) 276/2020 Page 3 of 3 RAMOLA Signing Date:06.04.2022 09:14:12