Challenges:
- Delay in Proceedings
- Dispute Over Suit Property
- Objection to Adjournment
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The case revolves around whether Defendant No. 1 is operating from the disputed suit property. The plaintiff filed an application under Order XXXIX Rule 1 and 2 CPC, and the defendant opposed any further adjournments.
To resolve the issue, the court appointed Advocate Atul Singh as the Local Commissioner to inspect the premises before 4:00 PM on the same day. He was tasked with verifying the occupancy status, assessing the condition of the property, and documenting the availability of toilets. He was also directed to submit a report with photographic evidence under Section 65(B)(4) of the Indian Evidence Act.
The plaintiff was ordered to submit their reply, and the case was scheduled for the admission and denial of documents, framing of issues, and submission of the Local Commissioner’s report on 20.11.2023. The Local Commissioner’s fee of Rs. 20,000/- was to be shared equally by both parties.