SUDHIR KUMAR DIASI Vs. AMIYA DIASI.

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioner praying for revision of the order dated 5.9.98 passed by the Ld. Additional District Judge, 2nd Court, Bankura in C.R. Case No. 14/94 affirming the order dated 15.12.93 of Ld. Munsif, 1st Court, Bankura in T.S. 75/87.

(2.) The circumstances leading to the present application are that the present petitioner along with O.P. No. 7 filed T.S. 75/87 as plaintiffs for declaration of title, right of passage over 'Ka' schedule property & permanent injunction restraining the O.Ps./defendants from interfering with their right of user over the road and from raising any boundary wall encroaching upon the disputed pathway. The O.P. 1 and 4 who are contesting the suit by filing a W.S. claim exclusive title & interest over plot No. 377, that their bastu is surrounded by boundaries and about 2 ft. of their land is left out along their eastern boundarj and denied existence of any road over the said plot .The petitioner's prayer for local investigation for repayment of plots 378 and 377 to find out the position of the road and whether there was any obstruction on the disputed road by construction of boundary wall by the O.Ps. on the western side, of plot 378 was allowed. The Ld. Commissioner after holding investigation unscientifically, reported that the entire eastern wall is within plot 377 and not within plot 378 of 'Ka' schedule of plaint and that the existing 'Rasta' situated between the boundary walls of O.P. Nos. I to 4 and plaintiffs is not fit for passing of any cars. The Ld. Munsif by his order dated 15.12.1993 accepted the said report overruling the objection of the petitioner on different grounds. The revision preferred against the said order was dismissed by the Ld. Additional District Judge, 2nd Court, Bankura, by the impugned order holding that the order under Order 25 Rules 9 and 10 being a final order is revisable. Being aggrieved by and dissatisfied with the said order, the petitioner has preferred the present revision.

(3.) All that now requires to be considered is whether there is any material to interfere with the above order of the Ld. Court of revision below.