PARADIP PORT TRUST Vs. SANKHANAD BEHERA AND OTHERS

JUDGEMENT

(1.) This petition challenges the order dated 18.3.2015 passed by the learned Civil Judge (Senior Division), Kujanga in I.A.No.327 of 2010 vide Annexure-7, whereby and whereunder, the learned trial court allowed the application of the plaintiffs under Order 39 Rule 7 C.P.C. and appointed a Pleader Commissioner for inspection to ascertain the topography of the suit land.

(2.) The opposite parties as plaintiffs instituted the suit for declaration of right, title, interest, confirmation of possession and for certain ancillary reliefs impleading the State of Orissa and its functionaries and the petitioners as defendants. Pursuant to issuance of summons, the petitioners-defendant nos. 5 and 6 entered contest and filed written statement denying the assertions made in the plaint.

(3.) During pendency of the suit, the plaintiffs filed an application under Order 39 Rule 1 and 2 C.P.C. for injunction against the petitioners restraining them not to interfere with the possession of the plaintiffs. The defendant nos.5 and 6 filed objection. While the matter stood thus, the plaintiffs filed an application under Order 39 Rule 7 C.P.C. for appointment of a Pleader Commissioner. The defendants filed objection to the same. By order dated 18.3.2015, the learned trial court allowed the application.