SHAIKH NIZAMUDDIN ISARAIL Vs. MOHAMMAD ALTAF ABDULKADAR MEMAN

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, preferred by the petitioner - original plaintiff, with the following prayers :

(2.) Heard learned advocates.

(3.) Learned advocate Mr. Daxesh D. Barot for the petitioner has drawn the attention of this Court towards the impugned order passed by the learned trial Court for appointment of the Court Commissioner below application Exh.10, whereby it is specifically stated that the Court Commissioner - Mr. P.P. Kushwaha, Asstt. Small Cause Court was appointed by the learned trial Court and pursuant to his appointment, he has served a notice to defendant No.1 on 3/1/2023 with regard to carry out the court commission on 4/1/2023 at 08:30 a.m.; and that the defendant and his advocate were present and obstructed the process of court commissioning; and that when the Court Commissioner has requested them to open the lock, which was applied by defendant No.1 on the iron grill attached upon the main entrance door, defendant No.1 has refused to open the said lock and/or give key of the said lock; and that the Court Commissioner could not carry out the inventory of the premises in question; and that the application below Exh.10 is therefore preferred by the plaintiff to permit the Court Commissioner to break the lock applied at the front door of the premises in question by the defendant.