Law: Civil Procedure Code (V of 1908)

Section: O.XXVI,R.16

Law: Specific Relief Act, 1877

Section: 12,42,54

Civil Procedure Code (V of 1908)--- ----O. XXVI, R. 16---Specific Relief Act (I of 1877), Ss. 12, 42 & 54---Suit for specific performance, declaration and injunction---Local Commission---Delay in appointment of---Plaintiff alleged serious allegations of breach of contract by defendant and also that of handing over possession of units illegally---Plaintiff filed two applications seeking report through local commission but on both the applications only notices were issued---Validity---Single Judge of High Court exercised his discretion by issuing notice on first application filed by plaintiff forappointment of commission---In view of serious allegations and apprehensionsrepeated by plaintiff in its second application particularly with regards toviolation of status quo order, commission should have been appointed as no prejudice would have been caused to any of defendants/ respondents who werealready on notice---Actual and correct factual position at site would have comeon record and same had set allegations and apprehensions of plaintiff at rest---Division Bench of High Court appointed local commission to inspect suit property and to file his report in court---Appeal was allowed accordingly. THIS ORDER PASSED BY: NADEEM AKHTAR, J.--- Suit No.2209/2018 was filed by the appellant against the respondents at the original side of this Court for declaration, specific performance, possession, permanent injunction and damages. In their above Suit, the appellants filed C.M.A. No.16725/2018 praying that Nazir of this Court be appointed as commissioner to inspect the suit property in order to ascertain the number of units occupied therein illegally. The notice on the said application was ordered by the learned single Judge vide impugned order dated 26.11.2018. Thereafter, another application bearing C.M.A. No.17032/2018 was filed by the appellants wherein it was once again prayed that in view of the urgency pleaded and apprehensions expressed therein a commissioner be appointed with the above mandate. On this application also notice was ordered by the learned single Judge vide impugned order dated 30.11.2018. It is contended that through both the impugned orders only…

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