INDRAMANI SAMAL Vs. G.V.V. RAO

JUDGEMENT

(1.) Assailing the order dated 2.12.2010 passed by the learned Civil Judge (Sr. Divn.), Kamakhyanagar in C.S. No.24 of 2009, the instant petition has been filed under Article 227 of the Constitution of India. By the said order, learned trial court rejected the application of the plaintiff filed under Order 26 Rule 9 C.P.C. to depute a civil court commissioner for identification of the suit property and submit a report with regard to the damage caused to the suit property.

(2.) The petitioner as plaintiff instituted the suit for damages claiming an amount of Rs.10,50,000/ - against the defendant -opposite party no.1. The short fact of the case of the plaintiff is that the land measuring an area Ac.4.05 dec. out of plot no.4889 has been acquired by the Government on payment of due compensation to him and the proforma defendants. The acquisition was made for the purpose of construction of canal, i.e, Bhairpur Distributory under Rengali Irrigation Project. During construction of the said canal, the defendants caused substantial damage to the residue land of plot no.4889. While the matter stood thus, an application under Order 26 Rule 9 C.P.C. was filed by the plaintiff to depute a civil court commissioner for identification of the suit property and the extent of damage caused to the suit property for digging of the land. By order dated 2.12.2010, learned trial court rejected the said application.

(3.) Heard Mr. P.S. Nayak, learned counsel for the petitioner and Mr.M.B.K.Rao, learned counsel for the opposite party no.1.