The appointment of a Local Commissioner is essential to ascertain factual circumstances affecting the outcome of an appeal.

ORDER :

1. A request for adjournment is made on behalf of the respondent no.1, who submits that earlier nominated counsel has now been designated as a Senior Counsel and, therefore, alternate arrangements are required to be made.

2. Learned senior counsel for the appellant submits that due to pendency of the present appeal, the respondent no.3, in an endeavour to make the present appeal infructuous, is proceeding to complete the construction of the suit property i.e. B-89, Greater Kailash, Part I, New Delhi. Learned counsel for the respondent no.3 vehemently denies this position and submits that the building is already complete.

3. This submission is controverted by the learned senior counsel for the appellant, who contends that construction is still ongoing. He, therefore, prays that a Local Commissioner be appointed to ascertain the factual position as on date.

4. Even though learned counsel for the respondent no.3 vehemently opposes the request for appointment of a Local Commissioner, we are of the view that it will be in the interest of justice to ascertain the correct factual position of the suit property as on date, as the same is likely to have a direct bearing on the outcome of the present appeal.

5. We, accordingly, appoint Mr. Pritish Sabharwal, Advocate (Mob. No.7678296077) as a Local Commissioner with following directions:-

(i) The Local Commissioner after advance notice to learned counsel for the appellant as also learned counsel for the respondent no.3 will visit the suit property within the next three days.

(ii) The learned Local Commissioner shall verify as to whether construction in the suit property is already complete or is still ongoing. He will also verify whether the same is occupied and if yes, furnish details of the occupant(s).

(iii) The Local Commissioner shall be entitled to take assistance of a photographer to be arranged by the appellant for taking photographs and/or videographs of the suit property.

(iv) The fees of the Local Commissioner is fixed at Rs. 1,00,000/- plus out of pocket expenses, which amount will be borne equally by the appellant and the respondent no.3.

(v) The appellant and the respondent no.3 will co-operate with the learned Local Commissioner for execution of the commission.

(vi) A report in this regard will be submitted by the learned Local Commissioner within two weeks from the date of execution of the commission.

(vii) The Station House Officer (SHO) of the concerned area will render necessary assistance to the Local Commissioner, if required by him.

6. List on 10.02.2025.

7. A copy of this order be forwarded to the learned Local Commissioner for information.