Order No:  4                                                                                       Date:05/12/2024

Today is fixed for hearing of this M.A. case which has been filed by O.p. for conducting Local Inspection Commission over the suit property through LBS. This matter has been contested by the O.p. by filing W/O.

Heard both sides. Considered submission.

Perused the M.A. application and W/O.

It appears that the O.p. has already handed over possession of the flat measuring about 335 sq.ft but the two shop rooms measuring about 100 sq.ft each have not been delivered to the O.p. who is the complainant of the Complaint case No.30/2021 as yet.

As per case of the applicant side there is a mutual Agreement and according to the mutual Agreement the O.p./complainant has surrendered their claim of shop rooms at the ground floor instead of taking flat of 535 sq.ft. According to the case of the applicant in order to prove this matter they are seeking Local Inspection over the suit property. The point of contention of the applicant side is clearly reflecting that they are trying to fish out evidence by conducting the Local Inspection Commission which is not permissible in the eye of law.

Thus, the prayer for Local Inspection of the applicant side is rejected on contest.

In the result, this M.A. case is disposed of. No order is passed as to cost. 

Dictated & corrected by me.

President