ASHIS KUMAR JANA Vs. NITYAGOPAL JANA & ORS.

JUDGEMENT

(1.) Heard the learned Counsel for the parties at length.

(2.) Assailing the Order No. 77 dated 21st May, 2012 passed by learned Civil Judge (Junior Division), 2nd Court,Contai, District-Purba Medinipur, in Title Suit No. 104 of 2008, the plaintiff/petitioner herein questioned the propriety of the order impugned wherein the learned court below while disposing of the application under Order 26, Rule 9 of the Code of Civil Procedure directed the advocate commissioner to investigate the 'Ka' scheduled property in respect of which declaration of title is sought for by the plaintiff/petitioner herein along with other consequential reliefs.

(3.) The learned Counsel appearing for the defendants/opposite parties, in course of hearing, pointed out that the disputed portion of the 'ka' scheduled property measuring about 1 decimals of land which was purchased by the plaintiff/petitioner from the common vendor and to remove vagueness of the property his client applied before the court and got favourable order in terms of his application dated 30th March, 2012.