NAKULA SAHU Vs. SURESH CHANDRA BEHERDOLAI AND ORS.

JUDGEMENT

(1.) Aggrieved by and dissatisfied with the order dated 27-7-2004 passed by the learned Additional District Judge, Paralakhemundi in Title Appeal No. 8 of 2001, the instant petition is filed under Article 227 of the Constitution of India. By the said order, the learned trial Court allowed the application of the opposite party No. 1 filed under Order 41, Rule 27 read with Order 26 Rules 9 and 10, C.P.C. and appointed the Survey Knowing Commissioner.

(2.) Opposite party No. 1 as plaintif filed a suit for declaration of right, title, interest, possession over the suit land, eviction of defendant No. 1 and permanent injunction restraining the defendant No. 1 from interfering with the peaceful possession, in the court of the learned Civil Judge (Sr. Division), Paralakhemundi, which is registered as T. S. No. 54 of 1999. The petitioner was defendant No. 1 in the suit. The suit was decreed. Challenging the judgment and decree dated 30-4-2001 and 18-6-2001 respectively passed by the trial Court, the plaintiff filed Title Appeal No. 8 of 2001 in the Court of the learned Additional District Judge, Parlakhemundi. During pendency of the appeal, an application under Order 41, Rule 27, C.P.C. read with Order 26, Rules 9 and 10, C.P.C. was filed by the appellant or appointment of Survey Knowing Commissioner. By order dated 27-7-2004, the learned lower appellate Court allowed the application.

(3.) Heard Mr. Rao, learned counsel for the petitioner and Mr. A. K. Tripathy, learned counsel for the opposite party No. 1.