SAILABALA MISHRA Vs. SUDARSHAN MISHRA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 17/5/2022 (Annexure-1) passed by learned Senior Civil Judge, Salipur in CS No.114 of 1994 (FD No.2 of 2022) is under challenge in this CMP, whereby learned trial Court by accepting the report of the Civil Court Commissioner, disposed of the Final Decree Proceeding directing the parties to file stamp paper for drawal of the decree. 2.1 Grievance of the Petitioners in this CMP is with regard to Plot No.239. It is submitted by Mr. Mohapatra, learned counsel for the Petitioners that from Plot No.239 frontage of 26 feet has been given to the Defendants/Opposite Parties, whereas the frontage of 6 feet 3 inches has been allotted in favour of the Petitioners. Since there is an inequitable distribution of frontage of Plot No.239, the Plaintiffs/Petitioners filed objection to the Commissioner's report. Without taking note of the same and without giving any opportunity to the Petitioners to cross-examine the Civil Court Commissioner, the impugned order has been passed. Hence, this CMP has been filed.

(3.) In course of hearing, Mr. Mohapatra, learned counsel submits that interest of justice will be best served if the Petitioners file an application to recall the impugned order under Annexure-1 and to give them an opportunity to cross-examine the Civil Court Commissioner in view of the previous orders passed in the final Decree proceeding.