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2023 Supreme(P&H) 1502

ARUN MONGA
Gurvinder Singh @ Aman – Appellant
Versus
Phoolwati (Smt. ) – Respondent


Advocates appeared:
For the Parties : Mr. Kul Bhushan Sharma

Table of Content
1. dispute over property tenancy and local commission (Para 2)
2. court hears arguments on order necessity (Para 3)
3. observations on local commission appointment issues (Para 4 , 5)
4. setting aside the impugned order for clarity (Para 6)
5. disposition of pending applications (Para 7)

Judgment

Mr. Arun Monga, J.

CM-5871-CII-2023

For the reasons stated in application, same is allowed subject to all just exceptions.

CR-1994-2023

Petition herein is for setting aside order dated 22.03.2023 (Annexure P-1) passed by Ld. Civil Judge (Junior Division), Gurugram, whereby application filed by plaintiffs/respondents No.1 & 2, for appointment of Local Commissioner directing him to ascertain the fact whether the property has been given on rent and who are tenants in the said property and to enquire and verify who are staying therein and in what capacity, was allowed.

2. Succinct facts first, as pleaded in the instant petition.

2.1. Plaintiffs/respondents No.1 & 2 filed a suit seeking decree for mandatory injunction directing defendant No.1/petitioner not to collect the rent and further not to interfere in the tenancy of the tenant(s) with consequential relief of permanent injunction res

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