NINIMANI BEHERA Vs. STATE OF ODISHA

JUDGEMENT

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

(2.) Order dtd. 20/7/2023 (Annexure-7) passed by learned Senior Civil Judge, Nilgiri in C.S. No.263 of 2019 is under challenge in this CMP, whereby an application filed by the Plaintiffs-Petitioners under Order XXVI Rule 9 CPC for appointment of a Survey Knowing Commissioner, has been rejected.

(3.) Mr. Dasmohapatra, learned counsel submits that the Petitioners as Plaintiffs filed the suit for declaration of 'Kha' Schedule property to be their exclusive property and ROR in respect of the suit property to be wrong. It is pleaded that the suit plot is a part of CS Plot No.210. But in the plot index, it is shown to be part of MS Plot No.594. It is his submission that the relay map of the suit plot has been wrongly prepared. The plot index in respect of MS Plot No.594 is also incorrect. Although the suit plot is a part of CS Plot No.210/15, but plot index indicates that the suit plot corresponds to MS Plot No.594, which is a part of Plot No.213. It is his submission that the plots situated to the north and south of the suit plot are part of CS Plot No.210. Thus, the suit plot by no stretch of imagination would correspond to CS Plot No.213. Since the matter requires to be clarified by technical person, the Plaintiffs-Petitioners after closure of evidence filed an application under Order XXVI Rule 9 CPC for deputation of a Survey Knowing Commissioner to clarify the aforesaid position. Learned trial Court merely holding that plot index indicates the corresponding plot numbers and that evidence has been led in support of the case of the Plaintiffs, rejected the petition. Hence, this CMP has been filed.