Interim Order 12

Order Details: COPY OF ORDER
Pdf Text: 9 CS DJ 624/24
AKANSHA JAIN Vs. SHOBHA JAIN
07.10.2026
Pr.: Sh. Sandeep Jindal and Sh. Sidharth Jain, Ld. Counsels for the
plaintiff (Mb. No.9711907748, 8920406824, 9811040005)
Mohd. Ahmed, Ld. Counsel for defendants (Mb. No.9313332333)
One application u/O. 26 Rule 9 CPC moved on behalf of the
defendant. Copy supplied.
Arguments heard on the aforesaid application. It is submitted that
the present application is moved for appointment of Local
Commissioner for the purpose of inspection of suit property i.e.,
property bearing no.2488-89/1, 2503/1 and 2501/1-3 situated at New
Qutub Road, Teli Wara, Delhi-110006. It is submitted that PW1 has
admitted in his cross-examination that he has no objection in getting the
suit property inspected through Local Commissioner and also admitted
his possession of Shop No.6, 7, 8 & 9 falling in the suit property.
Present application is not opposed on behalf of the plaintiff.
Accordingly, Sh. Himanshu Yadav, Enrol No.D/5421/2021, Mb.
No.8700235442, Office at 188, Triveni Apartment, Jhilmil Colony,
Vivek Vihar, Delhi-110095 is appointed as Local Commissioner, who
shall visit and inspect the suit property; get the site plan of the suit
property prepared through Naksha Nafees; ascertain the details of the
occupants in the suit property and shall also ascertain as to in what
capacity occupants are occupying the portions in the suit property. Ld.
Local Commissioner would be at liberty to carryout videography and/or
to take photographs of the suit properties, if so required. The parties/
their counsels/ their authorized representatives shall be entitled to
remain present at the time of the execution of the commission. They
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shall render full assistance to the Ld. Local Commissioner for carrying
out the afore-noted directions and not create any obstruction in the
execution of the commission. Ld. Local Commissioner shall create
WhatsApp group for the purpose of coordinating with the Ld. Counsels
of the parties.
With the consent of the parties, the fees of the Ld. Local
Commissioner is fixed at Rs.60,000/- which shall be borne equally by
both the parties. The inspection shall be carried out on 15.10.2026 at
4.00 p.m. In view of the above, application u/O. 26 Rule 9 CPC moved
on behalf of the defendant stands allowed.
Put up for the filing the report by the Ld. Local Commissioner on
20.11.2026. Copy of this Order alongwith copy of agreement dated
05.07.2018 Ex.PW1/2 and copy of site plans Ex.PW1/6 to Ex.PW1/9
shall be sent to the Ld. Local Commissioner forthwith.
(PANKAJ ARORA)
District Judge-16, Central Distt.,
Tis Hazari Courts, Delhi,
07.10.2026
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