Rakesh Srivastava, J.

On 7.4.2014, the petitioner - plaintiff filed a suit for damages and permanent injunction against the defendant - respondent no.3. Along with the institution of the suit the petitioner moved an application (6 Ga) under Order 39 Rules 1 and 2 of the Code of Civil Procedure (for short "CPC") seeking temporary injunction so as to restrain respondent no.3 or her men or agents, or her representatives or any person claiming through her or under her from causing damage or breaking Northern walls and pillars of the three storeyed residential house of the petitioner bearing no.SS-II-D-I/1517, LDA Colony, Kanpur Road, P.S. Krishna Nagar, Lucknow. The petitioner also filed an application for issue of commission seeking inspection of the property in dispute. The trial Court issued notice to respondent no.3 and also appointed court Amin to inspect the property in dispute. In pursuance of the order passed by the trial Court, the court Amin submitted his report dated 17.4.2014. Respondent no.3 appeared in the suit by filing vakalatnama and also filed objection against the Amin's report. Respondent no.3, however, did not file any objection to the application for gran