$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 459/2024, I.A. 30907/2024 & I.A. 26073/2025 PRADIP CCHADHA .....Plaintiff Through: Mr. Samrat Nigam Sr. Adv. with Mr.

Keshav Sehgal, Mr. Shivam Gaur, Mr. Shubham Agarwal, Mr. Aryan Kumar, Ms. Rashi Singh, Ms.

Shabina, Advs.

versus MAHESH CHADHA .....Defendant Through: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Swastik Singh, Mr. Atul Singh and Ms. Ankita Singh, Advs.

Ms. Gurmeet Bindra and Ms. Amita Kumari, Advs. for non-applicant no.8 [I.A. 26073/2025]

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 22.01.2026 I.A. 25309/2025 (by plaintiff under Order XXVI Rule 9 read with Sections

75 & 151 CPC seeking appointment of Local Commissioner)

1. The present application has been filed by the plaintiff for appointment of a Local Commissioner to ascertain the nature, extent of damages and repairs needed to make the property bearing no.G-121 (out of Khasra 1076/5/5/869) situated in village Jhilmil, Tahirpur, Dilshad Extension, Shahdara, Delhi – 110095 (hereinafter referred to as ‘property’), habitable and comfortable for use, and to further suggest ways and means to let out the said property.

2. Mr. Samrat Nigam, learned Senior Counsel appearing on behalf of the plaintiff/applicant submits that insofar as the aforesaid property is concerned, there is no dispute with regard to the title of the same.

3. He submits that during the pendency of present suit, that property can be let out so that some income could be generated from it.

4. He submits that as on date the property is in a state of disrepair and would require some repair to make it habitable to be let out.

5. It is in this backdrop that the above noted prayer for appointment of Local Commissioner has been made.

6. Mr. Sudhir Nandrajog, learned Senior Counsel appearing on behalf of the defendant submits that he has instructions to state that the defendant has no objection for appointment of Local Commissioner at the cost of the plaintiff in case the allegations made in para 14 of the application are withdrawn.

7. Mr. Nigam, on instructions, submits that he is not pressing for the allegations made in Para 14 of the application and the same may be treated as expunged from the pleadings of the present application. The statement is taken on record.

8. In view of the above, Mr. Dhaneshwar Gudapalli, Advocate (D/6999/2019) is appointed as Local Commissioner [Mobile No. 8074462598] to visit the said property and make an assessment as to the condition of the property and the nature of repairs required to make it habitable and leasable.

9. The Local Commissioner may also take the photographs of the propertyand file the same along with his report.

10. The Local Commissioner shall visit the property after informing learned counsels for the parties, who shall co-operate and will remain present at the time of execution of the commission.

11. The fee of the Local Commissioner is fixed at Rs.1,50,000/- to be paid bythe plaintiff.

12. The report shall be filed by the Local Commissioner within a period of four weeks.

13. List on 04.05.2026 for consideration of Local Commissioner’s report.

CS(OS) 459/2024, I.A. 30907/2024, I.A. 25309/2025 & I.A. 26073/2025

14. List on 04.05.2026.

VIKAS MAHAJAN, J JANUARY 22, 2026 aj