By the Court

The petitioner is aggrieved by the order dated 23.1.2014 passed by Civil Judge (Jr. Div.) and Metropolitan Magistrate East, Jaipur Metropolitan, whereby the learned Magistrate has rejected the petitioner's application under Order 39, Rule 7 CPC, and has refused to appoint a Commissioner for carrying out an inspection of the suit property.

2. The brief facts of the case are that the petitioner-plaintiff, Shafiq Ahmed, filed a suit for perpetual injunction against the respondent-defendants. According to the petitioner, he had bought the joint rights usage over staircase constructed from ground floor to the first floor, and building rights above first floor, through a registered sale-deed dated 22.12.2013 from one Mohammad Ishaq. After purchase of the said property, the petitioner constructed the second and third floor. The respondents have a set of house in the western portion of the petitioner-plaintiff's building, and the access is from their exclusive staircase. They do not have the access to the staircase situated in the eastern portion of the building. However, they have tried to carve out a gate on the third floor, opening through the staircase situated in