MINATI ROY Vs. ASHIM GHOSH @ KHOKAN GHOSH

JUDGEMENT

(1.) The petitioners are aggrieved by an order dated November 13, 2025, passed by the learned Civil Judge (Junior Division) Bongaon in Title Suit No.31 of 2004.

(2.) By the order impugned, the learned court allowed an application for local investigation filed by the defendant nos.5 and 6, who are the opposite parties nos.23 and 24. As the other opposite parties are not contesting the suit, service of this revisional application upon the said opposite parties is dispensed with. The opposite party nos.23 and 24, who are the defendants in the suit are represented.

(3.) The learned court allowed the application, upon holding that, the points considered at the time of local inspection by an advocate commissioner and the points for local investigation were distinct and separate. The issue of local inspection was restricted to an alleged construction/obstruction on the village road, which according to the plaintiffs was done in violation of the order of injunction. Thus, the report filed by the learned advocate commissioner and the issues which were decided by the court upon accepting the report of the learned advocate commissioner, would not operate either as res judicata or constructive res judicata and the application for local investigation should not be disallowed on such basis.