The record is taken up for passing the necessary order. Perused the respective petition, the local inspection report, the deposition by the Ld. Commissioner for local inspection and the materials available on record. Upon such perusal, it appears that this is a suit for permanent injunction, instituted on 11/02/2019. A commission for local inspection was issued to submit a report on whether any masonry structure(s) is built on the lands in question and if so, how their lifespan is. The plaintiff-side submitted written objections to the report of the local inspection.
On careful perusal of the report and associated materials, it vividly appears that although there are some pitfalls in its content, the inspection report has some merits, which may be the basis of any decision for the disposal of any issue arising in the very suit. It is worth maintaining that the report of the Ld. Commissioner being a mere piece of evidence, and not binding upon the court; the acceptance or non-acceptance of the report gets no finality, instead, the report shall form part of the record. Hence, albeit the report reflects materials concerning the facts in issue, such a report and evidence taken is neither substantive evidence nor irrefutably conclusive piece of evidence, which could be taken into consideration in conjunction with the adduced shred of evidence at trial. So, considering holistically, for the expeditious disposal of the suit, the impugned report is found to be worth being kept on the record.
Hence, it is ordered that the commission report be kept on the record & taken into consideration at the time of disposal of the suit in keeping in mind this order’s essence. The parties to the suit are at liberty to lead evidence at trial against or in support of such a report.
Since the last date was fixed for submitting the W.S, and the defendants are yet to submit the same even till today, the next is hereby fixed on 18.04.2022 for ex parte hearing and hearing on the petition for temporary injunction dated 11/02/2019.