ORDER

The petitioner in the first instance invoked the jurisdiction of the civil Court and obtained an injunction against the respondent from proceeding with the construction said to be in violation of his easement right of air and light. The respondent filed a writ petition against the Municipal Corporation impleading the petitioner, contending that his construction was in accordance with the permission accorded by them and, therefore, he may be permitted to proceed with the construction. Therefore, an application came to be filed for appointment of a Commissioner. The learned Single Judge passed an order directing the Principal District Munsiff, Vijayawada to appoint a Commissioner and after notice to the parties, the Commissioner would inspect and submit a report to the High Court whether the construction was in accordance with the permission granted by the Municipal Corporation or in violation thereof.

2. It is not in dispute that an Advocate Commissioner came to be appointed and he submitted the report. It appears that before submitting the report, the respondent seems to have filed the Civil Revision Petition under Section 115 and obtained stay of Commissioner s submitting the