Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 7051 of 2019 Petitioner :- Barati Respondent :- Ramgopal Darji Counsel for Petitioner :- Abhay Singh Yadav,Mahender Pal Singh Yadav Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 2.8.2019, the appellate court has declined to allow application filed by the petitioner in appeal for inspection of the suit property by the Court Commissioner. The court has recorded a finding that no inspection is required by the Court Commissioner at this stage.
In considered opinion of the Court, the order impugned is purely interlocutory in nature and does not call for scrutiny at this stage in exercise of supervisory power under Article 227 of the Constitution. However, liberty is reserved in favour of the petitioner to challenge the impugned order alongwith final order to be passed in appeal.
Consequently, the instant petition is disposed of with liberty to challenge the impugned order alongwith final order which is passed in the appeal.
(Manoj Kumar Gupta, J.) Order Date :- 26.9.2019 PS