KAJOL RANI MULLICK Vs. ASALATA SENAPATI

JUDGEMENT

(1.) THIS application for review is directed against the judgment and order dated July 21, 2006 passed by the Honble Mr. Justice Pranab Kumar Deb (as His Lordship then was) in C.O. No.850 of 2006.

(2.) THE applicant is the plaintiff no.3 of the Title Suit No.36 of 1990 filed before the learned Civil Judge (Junior Division), 1st Court, Contai for declaration of title, recovery of possession and other releifs. THE defendants / opposite parties are contesting the said suit. THE applicant filed an application for local investigation on certain points in respect of the property as described in the Schedule Ka to the plaint and that prayer was allowed by the learned Trial Judge. THE learned Commissioner held inspection in presence of both the sides and submitted his report against which an objection was raised by the defendants. THE learned Commissioner was examined in the Court. Upon consideration of the materials on record the learned Trial Judge had accepted the said report. Being aggrieved, the defendants preferred a revisional application and the said revisional application was allowed by the impugned order. THEreafter, the applicant has filed this review application.

(3.) THEREAFTER, the Ka suit land was pegged out on admission and the suit land was surveyed accordingly with reference to the R.S. Map and thus, he has concluded that the Ka suit land appertains to plot no.391 of Mouja Monaharchak.