AVTAR SINGH Vs. ASHU KUMAR

JUDGEMENT

(1.) Invoking the supervisory jurisdiction of this Hon'ble Court under Article 227 of the Constitution of India, the petitioner herein assails the propriety and legality of the order dtd. 5/12/2025 (Annexure P-10). By way of the impugned order, the learned court below declined the petitioner-plaintiff's prayer for the appointment of a Local Commissioner to conduct a spot inspection of the suit property.

(2.) Succinctly pleaded, the petitioner instituted a suit for permanent injunction asserting that respondent No. 1, in his capacity as the absolute owner, executed an agreement to sell dtd. 27/5/2025 in favor of the petitioner regarding a 50-square-yard parcel of the subject property. Central to the conveyance was the provision of a common passage for ingress and egress, as demarcated in the site plan. Concomitant with the execution of the said agreement, actual physical possession was delivered to the petitioner, who has since remained in uninterrupted occupation, the said passage being the sole arterial access to the tenement.

(3.) The suit was resisted by respondents No. 2 and 3, who further moved for the rejection of the plaint under Order VII Rule 11 of the CPC. In response to the evolving exigencies of the site, the petitioner moved an interlocutory application for the appointment of a Local Commissioner to ascertain the status quo and the prevailing factual matrix. Simultaneously, a prayer was moved for a mandatory direction to the Branch Manager to divest the common entrance of the bank's distraint by removing the lock and providing a duplicate key to the petitioner to preserve their right of habitation and access.