This case record is taken for consideration in the matter of passing order in this MA case which has been cropped up in view of the application filed by OP-2 for conducting local inspection commission in the schedule mentioned property as per points of commission which has been described in the petition dtd.3rd July 2023.
The OP/complainant of the CC-58/21 received the copy of the said application but has not filed any written objection.
The argument highlighted by Ld. advocates of both sides has been heard in full. Considered submission.
Perused the application dtd. 3rd July 2023 which has been filed by the applicant who is the OP-2 of above noted C.C case for conducting local inspection commission in the schedule mentioned property.
For the interest of proper and complete adjudication of this case and for the purpose of arriving at just and proper decision in this case there is necessity of conducting the local inspection commission in the schedule mentioned property as per points of commission described in the petition dtd. 3rd July 2023.
Thus the prayer of the applicant who is the OP-2 of the above noted C.C case for conducting local inspection commission in the schedule mentioned property is allowed on contest. Let the local inspection commission be conducted by the ld. advocate commission over the schedule mentioned property as per points of commission described in the petition dtd.3rd July 2023. Let Ashis Kumar Chakraborty advocate be appointed as Ld. Local Inspection commissioner for conducting the above noted commission.
Let Rs.4000/- be fixed as fees of the ld. commissioner.
Issue writ of commission after the payment of fees of the ld. Commissioner.
Ld. Commissioner is directed to conduct the local inspection commission over the schedule mentioned property as per points of commission described in the petition dtd.3rd July 2023.
Fix 19.1.2023 for submitting local inspection commission report in C.C-58/21.
In the light of the observation made above this local inspection commission petition be disposed of on contest.
Let the case record of MA -69/23 be tagged with the case record of CC-58/21.
