JUDGEMENT

Rule. Mr. Sunil C.Patel waives service of rule. Heard the learned Advocates.

Both these matters are disposed of by this common order as common question of law is involved.

In both these matters, the petitioners-original plaintiffs applied for appointment of Commissioner stating that despite interim injunction, original defendants, have made construction which amounts to disobeyance of Court's order. In this background it is also stated that the petitioners have already moved for taking appropriate steps under Order 39 , Rule 2A of Civil Procedure Code. It is true that Commissioner cannot be appointed for collecting evidence while at the same time, there is no law which prevents the Commissioner from making local inspection of the site and prepare report which would provide an assistance for appreciating the evidence and resolving controversy in its proper perspective. In this matter, it is true that at the initial stage Commissioner was appointed to make local inspection, but is required to make inspection and prepare report which would assist the Court to decide the controversy(breach of order) in its proper perspective.

The report of Commissioner would n