DHRUBENDRA KUMAR DAS Vs. PRAMOD KUMAR DAS

JUDGEMENT

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

(2.) Order dtd. 18/5/2016 (Annexure-6) passed by learned Additional Senior Civil Judge, Baripada in C.S. No.173 of 2012 is under challenge in this CMP, whereby an application filed by the Plaintiff-Petitioner to direct the Executive Officer, Baripada Municipality, Baripada to measure the suit land afresh by any expert in view of the order passed by this Court in W.P.(C) No.15024 of 2012, has been rejected.

(3.) Mr. Mishra, learned counsel submits that the Petitioner as Plaintiff has filed the suit for declaration of Registered Sale Deed No.1280 dtd. 12/6/2009 executed by Defendant No.1 in favour of Defendant No.3 to be null and void and for a decree to direct the Defendant No.2 to make construction over his purchased land strictly in accordance with the plan approved by the Executive Officer, Baripada Municipality, Baripada. Other consequential reliefs were also sought for. During pendency of the suit, the Plaintiff-Petitioner filed an application under Order XXXIX Rules 1 and 2 CPC in I.A. No.56 of 2011, wherein, learned trial Court, vide order dtd. 15/5/2012 (Annexure-1), passed the following ex-parte ad-interim order: