HARIHAR JENA Vs. SULOCHANA SAHOO

JUDGEMENT

(1.) This Writ Petition has been filed challenging the order of the Learned Civil Judge (Sr. Divin.) 1st Court, Cuttack dated 17.12.2011 in C.S. No. 492 of 2005 (Annexure -1), wherein the Learned Trial Court disallowed the five petitions filed for marking of certain documents deputation of a Commissioner to make local inspection of the suit plot as well as to answer interrogatories to implead one Sashibhusan Mohanty and also to call for the Register from the officer of Sub -Registrar.

(2.) I have heard the Learned Counsel for the respective parties in the matter. It is seen that the present Petitioner as Plaintiff had instituted a suit in the Court of the Learned Civil Judge (Sr.Divn.), 1st Court, Cuttack for declaration of his right, interest and possession over the suit properties descried in Schedule -F -1 of the plaint with an alternate prayer that if no title would be found in favour of the Plaintiff over the suit land to declare that the Plaintiff had acquired such title by way of adverse possession. It was also prayed for a declaration that the Defendants have no exclusive right, title, interest and possession over the Schedule F -1 property and to permanently restrain them from making any extension by way of construction of their building appertaining to Plot No. 44/2123 described in Schedule F -2 and from making any construction on any portion of the Schedule F -1 land appertaining to Plot No.44 which is used as passage only etc and for removal such obstruction by issuing mandatory injunction of the unauthorized extended western side roof of ground floor of the Defendants towards Plaintiffs eastern side i.e. Hal Plot. No. 44/123 and the temporary obstruction wall which exists on the said schedule F -1 premises etc.

(3.) THE Defendants who are the Opp. Parties in this Writ Petition they filed their objection to the each such petition filed from the side of Plaintiff during period from 24.11.2011 till 2.12.2011 and after hearing the Counsel for the respective parties, the Learned Civil Judge (Sr. Div.) 1st Court, Cuttack passed the impugned order at Annexure -1.