KARTIK CHANDRA NAYAK Vs. BIRA KISHORE NAYAK

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner.

(2.) Petitioner is the Plaintiff No. 1, opposite party Nos. 6 to 17 are other Plaintiffs and opposite party Nos. 1 to 5 are Defendants in C.S. No. 130 of 2003 of the Court of learned Civil Judge (Junior Division), Chandikhol

(3.) In this writ petition, Petitioner has assailed the legality of order dated 29.4.2009 rejecting Petitioner's application under Order 26, Rule 9 of the Code of Civil Procedure for appointment of Civil Court Commissioner for local investigation as to whether the suit land is a part and parcel of suit plot No. 1354 or Defendants' plot No. 1353 and as to whether the suit land is a vacant land or there is any construction over the land.