RAGHAVENDRA D.C.H Vs. LAXMIBAI

JUDGEMENT

(1.) The petitioner who is the defendant No.2 in O.S.No.157/2020 pending before the court of II Addl. Civil Judge and JMFC-IV, Raichur has filed the instant writ petition under Article 227 of the Constitution of India with a prayer to quash the order dtd. 26/5/2022 passed on IA No.V in the aforesaid suit.

(2.) The brief facts of the case that would be relevant for the purpose of disposal of the petition are that the respondent No.1 herein had filed O.S.No.157/2020 before the court below seeking a decree of perpetual injunction against the defendants and also a decree of mandatory injunction directing them to remove the alleged illegal encroachment of the setback area. In the said suit, the Trial Court by its order dtd. 22/4/2022 had directed both the parties to maintain status-quo in respect of the suit schedule property. The plaintiff/respondent No.1 has filed IA No.V in the said suit under Sec. 39 Rule 7 read with Sec. 151 of Code of Civil Procedure with a prayer to inspect the under construction building of the defendants so as to ascertain whether the construction of the building was completed as the defendants had filed a memo before the Trial court contending that the construction of the building was complete and a completion certificate was also issued on 28/4/2022 by the City Municipal Commissioner (CMC), Raichur.

(3.) It is the specific case of the plaintiff that the construction of the building was not complete and in spite of the same by playing fraud a completion certificate was obtained from the defendant No.3 - CMC, Raichur. The said application was opposed by the contesting defendants by filing objections. The Trial Court vide its order dtd. 26/5/2022 has allowed the said application and has appointed the Assistant Executive Engineer, CMC, Raicur as the Court Commissioner to make local inspection to verify whether construction of building of defendants No.1 and 2 bearing MIG-97 situated at Nijalingappa Colony, Raichur is fully completed or not and file report along with colored photographs.