RACHNA GUPTA Vs. PARMODH BARU

JUDGEMENT

(1.) Supervisory Jurisdiction of this Court enshrined under Article 227 of the Constitution, is being invoked by the petitioner herein for setting aside of order dtd. 13/2/2024 (for short "the impugned order") passed by the Court of Principal District Judge, Jammu (for short "the Trial Court") in suit titled as "Dr. Parmodh Baru and another Vs Smt. Rachna Gupta."

(2.) Facts emerging from the record would reveal that the plaintiffs/respondents herein instituted a suit under Sec. 6 of the Specific Relief Act, 1963 seeking possession of a plot of land measuring 1 kanal 3 marlas and 7l sq.ft comprising under Khasra No. 202 min, khewat No. 101 min and Khata No. 127 min along with a residential house constructed thereon situated at Rani Park Jammu (for short "the suit property").

(3.) The plaintiffs/respondents herein alongside the aforesaid suit also filed an application for interim relief, which application, however, during the course of proceedings was not pressed and a statement thereto came to be made by then counsel before the Trial Court filed an independent application seeking inspection of the suit property by appointment of a Commissioner for obtaining firsthand account of the facts having happened on ground, stating therein the said application that they, the plaintiffs/respondents herein have had taken photographs and done videography of the suit property having placed on record with the plaint, which photographs and the videography requires to be verified and to be compared with the factual position to be obtained by the Commissioner that may be appointed in the application.