Interim Order 14

Order Details: COPY OF ORDER
Pdf Text: CS 196/21 NEMI KUMAR GOYAL AND ANR. Vs. NEELAM TANWAR AND
ANR
CS 197/21 PRIYANKA TANWAR AND ANR Vs. NEELAM TANWAR AND
ANR.
CS 198/21 PRIYANKA TANWAR AND ANR. Vs. NEELAM TANWAR
CS 199/21 NEMI KUMAR GOYAL AND ANR. Vs. NEELAM TANWAR AND
ORS.
20.05.2024
Present : Ms. Bhawna Nanda, Proxy Counsel for the plaintiffs through VC.
None for the defendants.
By this common order, I shall disposed of the application under Section
151 of CPC filed by the plaintiffs.
By means of the instant application, plaintiffs have sought directions
that order dated 10.08.2023 may be recalled. It is submitted that in terms of the said
order, a local commissioner, namely, Sh. Prithu was appointed by my Ld. Predecessor
to inspect various portions of the suit property, which would help in resolving the
dispute about the identity as well as the action condition of the property. It is further
submitted that the fee of the local commissioner was fixed as 40,000/- each in all four
cases (CS No.196/21, 197/21, 198/21 & 199/21), which total comes to Rs.1,60,000/-.
Counsel for the plaintiffs submits that since all the above mentioned suits concerning
the different parts of the suit property bearing no.WZ-1656-B, Nangal Raya, New
Delhi 110046 and Local Commissioner has to visit the property and submit report in
respect to the main property, which is common in all the four suits.
It is further submitted by counsel for the plaintiffs that plaintiffs are not
financially sound and since a common property is involved in all the four suits,
therefore, a fees of Local Commissioner may be reduced or order dated 10.08.2023
may be modified accordingly.
P.T.O.
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Arguments heard. Record perused.
After having gone through the record as well as submissions made by
counsel for the plaintiffs, I find force in the submissions made by them. In view of
this, Advocate Ms. Swati Seth (Mb. No.7669087872) is hereby appointed as new
local commissioner in place of previous local commissioner, who shall visit the suit
property in terms of order dated 10.08.2023. The present order is part and parcel of
the order dated 10.08.2023 passed by my Ld. Predecessor.
The order dated 10.08.2023 stands modified only qua the aspect of
name and fee of the local commissioner. The fees of the local commissioner stands
reduced to Rs.75,000/- as consolidated fee in all four cases.
Local Commissioner to inspect the property on 01.06.2024 at 12:00
Noon. SHO PS concerned to provide the police aid in the execution of the
commission. An officer not below the rank of Sub Inspector shall be deputed.
The application stands disposed of accordingly. Copy of this order be
placed in all four cases.
Copy of this order be given Dasti to the Local Commissioner as well as
plaintiffs. Ahlmad to communicate the order to the Local Commissioner.
Put up on 03.08.2024 for further proceedings.
(Sumit Dass)
ADJ-02 & Waqf Tribunal
NDD/PHC/ND/20.05.2024
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