KUNI SAHANI Vs. BASANTA KUMARI MOHANTY

JUDGEMENT

(1.) Heard Mr. B. Senapati, learned Advocate for the Petitioners and Mr. P.K. Bhuyan, learned counsel for Opposite Parties 1 to 3.

(2.) Present C.M.P. is directed against order dtd. 9/10/2025 of learned Nyayadhikari Gram Nyayalaya, Brahmagiri passed in T.S. No.167 of 1995, wherein the prayer for amendment in the suit schedule land has been allowed at the stage of argument.

(3.) Present Opposite Parties 1 to 3 are the Plaintiffs, who filed the suit praying for recovery of possession and permanent injunction. The dispute between the Plaintiffs and Defendants in the suit is regarding a patch of land lying in between their respective lands, i.e. Plot No.1602 and 1603. Admittedly, Plot No.1602 belongs to the Plaintiffs and Plot No.1603 belongs to the Defendants. A stretch of land (hereinafter referred as 'disputed land') in between Plot Nos.1602 and 1603 is the subject matter of dispute upon which both the parties claim their possession. Accordingly, a Survey Knowing Commissioner was deputed, who submitted his report. While cross-examining the said Survey Knowing Commissioner, it came to surface that he measured the plots by referring to corresponding consolidation map and consolidation plots. At such stage, the amendment was sought by the Plaintiffs to insert corresponding plot number in respect of the suit schedule Plot No.1602, which was allowed by the learned trial court.