Order 2

Order Details: Order on Exhibit
Pdf Text: 1 RAD-61-2021-Exh-23-carry out repair.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 23
IN
R.A.D. SUIT NO.61 OF 2021
(CNR : MHSCA3-000110-2021)
Mr. Vasant Baban Madane and anr. … Plaintiffs
V/s
Shree Chandraprabhu Jain Derasar Trust and ors. ... Defendants
Advocate for the plaintiffs : M/s. V. R. Tripathi and Associates.
Advocate for the defendants : Mr. S. D. Samant.
Coram : D. P. Kasat,
Judge, C.R.No.37 (B.B.),
Date : 03.05.2024
ORAL ORDER :
Read the application and say of defendants at Exh.25.
2. Heard both sides. Perused the record. At the outset, it is
significant to note here that from the correspondences made by
parties with each other through letters, it appears that the plaintiffs
are seeking to carry out repairs in the suit premises as contended in
this application. It also transpires from these correspondences that
the defendants have shown their readiness to carry out the repairs
and demanded inspection of suit premises through their architect. It
also transpires from these correspondences that the plaintiffs have
not permitted the defendants to take inspection of the suit premises
through architect.
3. Apart from this, in this application, the plaintiffs have
contended that defendants be directed to carry out repairs in the suit
premises and even have sought appointment of court commissioner
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for taking measurement of suit premises and for its inspection. It is
also significant to note that even the defendants have contended in
their say that the appointment of court commissioner for inspection
of suit premises is essential in order to facilitate and expedite the
process of repairs of suit premises.
4. More so, in view of the provisions of Section 28 of the
Maharashtra Rent Control Act, the landlord shall be entitled to
inspect the premises let or given on licence, at a reasonable time after
giving prior notice to the tenant / licensee or occupier. While looking
at the contentions raised by both the parties, it appears that in order
to resolve the dispute regarding repairs of suit premises between the
parties, the appointment of court commissioner, who is an expert, is
of utmost importance.
5. Therefore, in view of Section 28 of the Maharashtra Rent
Control Act and the provisions of Order 26 Rule 9 of the Code of Civil
Procedure, in order to elucidate the matter in dispute between the
parties, the appointment of an architect as a court commissioner for
inspection of suit premises and for suggesting the necessary repairs to
be carried out therein, is essential. More so, the appointment of court
commissioner is essential in order to take photographs / video
shooting and measurement of the suit premises, in order to bring on
record the actual and factual aspect of suit premises. Hence,
following order :
ORDER
A. Application is allowed as under :
1. Mr. Pradeep N. Kushawar architect and
valuer of immovable property is hereby
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appointed as court commissioner to conduct
inspection of the suit premises.
2. The court commissioner is directed to take
inspection of the suit premises and to take
photographs / video shooting and
measurements of the suit premises during
inspection. So also, the court commissioner
to draw a rough sketch plan of the suit
premises showing actual and factual aspect
and even to suggest the necessary repairs
required to be carried out in the suit
premises, if any.
3. Plaintiffs are hereby directed to pay
necessary charges of commission work or to
deposit in the court i.e. Rs.10,000/- (Rupees
Ten Thousand Only). The court
commissioner is at liberty to seek additional
charges of commission work, if any, after
submission of his report, which the plaintiffs
shall bear.
4. The court commissioner is hereby directed to
give prior notice of the date and time of the
inspection of the suit premises to both the
parties and the parties are directed to co-
operate with the court commissioner in
complying the commission work.
5. The court commissioner is hereby directed to
file inspection report within a period of one
month from the date of receipt of writ of this
Court.
(D. P. Kasat)
Judge, C.R.No.37 (B.B.)
03.05.2024
Dictated on : 03.05.2024
Checked & signed on : 03.05.2024
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