Court No. - 4 Case :- WRIT - C No. - 128 of 2010 Petitioner :- Shakeel Khan Respondent :- Ram Gopal Agrawal And Others Petitioner Counsel :- D.P. Singh Respondent Counsel :- Iqbal Ahmad Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioner and Sri Iqbal Ahmad who
has put in appearance on behalf of respondents no. 1 and 2.
An application filed by defendant no. 1 to appoint Advocate
Commissioner for making spot inspection was allowed vide order
dated 23.12.2000 by the trial court. However, due to inadvertent
mistake of the learned counsel appearing for the defendants, steps
could not be taken as such commissioner report was not brought
on record. However, when the matter was fixed for evidence the
mistake was realized and another application was filed seeking
permission to get commissioner report. The said application was
rejected by the trial court. The defendant-respondent no. 1 went up
in revision. Revisional court finding that spot inspection is
necessary for disposal of the suit and it was on account of
inadvertent mistake steps could not be taken allowed the
application and directed the commissioner report to be filed within
15 days.
Sri Iqbal Ahmad appearing for the respondents no. 1 and 2 states
that the order has already been carried out in as much as the
commissioner has made spot inspection and submitted report on
23.12.2009 before the trial court.
There appears to be no illegality in the revisional order which may
warrant interference by this Court. Further, the order having been
carried out, there is hardly any scope for interference. The writ
petition accordingly fails and stands dismissed.
Order Date :- 6.1.2010
Dcs