Mohammad Rafiq, J. - (1.) THIS matter has come up for orders on the application bearing inward No. 12801/26.06.2013 filed by defendant -respondent under Sec. 151 CPC for permission to carry out the repair in the roof of the premises by constructing pucca ceiling by RCC on behalf of respondent No. 1. Application is opposed by learned counsel appearing for plaintiff -appellants and submitted that defendant -respondent is merely a licensee. Originally this Court by order dt. 29.06.2009 required the defendant -respondent to carry out the repairs but that shall not alter or modify the building and shall not damage the heritage look. It was further directed that before making repairs of the particular portion/room, details thereof shall be furnished to the plaintiff -appellant so that he may also look into that.
(2.) LEARNED counsel for plaintiff -appellant submitted that construction of pucca ceiling by RCC may not be permitted and that if at all some repair is required, that should be determined by appointing a Court -commissioner at the cost of the plaintiff -appellant, who can visit the site in the presence of the parties and report the present status of the property. This Court, before passing any order on the application, deems it appropriate to appoint Shri Sumit Jain, learned Advocate, who is present in the Court, as Court -commissioner. Accordingly, Shri Sumit Jain is appointed as Court -commissioner in this matter. He shall visit the site on 10.07.2013 at 5.00 PM. He shall have the photographs of the disputed property also taken, cost of which shall be borne by the plaintiff -appellant. He shall submit his report especially with regard to present status of the property. Shri Sumit Jain, the Court -commissioner in the matter, shall be paid a sum of Rs. 10,000/ - (Rupees ten thousand only) towards his fee by plaintiff -appellant for which he shall pass over a receipt to him. List this matter on 15.07.2013 for orders on the application, along -with report of the Court -commissioner.;