LOM DUTT (DECEASED) THROUGH HIS LRS Vs. KARTARE

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 20/5/2019 passed by the Trial Court.

(2.) The brief facts relevant to the present lis are that in the present suit for permanent injunction, earlier a Local Commissioner was appointed by the Court who submitted his report. Both the counsel stated at the bar before the Trial Court on 9/5/2016 that they did not want to file any objections to the report. Thereafter, an application was filed for appointment of a Local Commissioner by the respondent herein. A reply was filed to the said application and vide the impugned order dtd. 20/5/2019 the said application was allowed.

(3.) Learned counsel for the petitioners would contend that once there is already a report by the Local Commissioner, the second report from the second Local Commissioner could not have been called except if the Court held that the first report was erroneous or that some new facts need to be ascertained or that some clarification was required. In support of his argument, he has relied upon a judgment of this Court in the case of Roshan Lal vs. Jai Singh and Ors. [2015 (4) RCR (Civil) 1032].