JADUMANI DAS AND ANOTHER Vs. BALARAM NAYAK

JUDGEMENT

(1.) This petition challenges the order dated 21.11.2015 passed by the learned Civil Judge (Jr.Division), Kendrapara in C.S.No.55 of 2008. By the said order, the learned trial court accepted the report of the Amin Commissioner.

(2.) The opposite party as plaintiff instituted the suit for declaration of right, title, interest, permanent injunction and demarcation of the suit land impleading the petitioners as defendants. After closure of evidence, the plaintiff filed an application for deputation of an Amin Commissioner. The same was allowed. The Amin Commissioner visited the spot and submitted a report. He was subject to extensive crossexamination by the defendants. The learned trial court assigned the following reasons and accepted the report:

(3.) Mr.Acharya, learned Advocate for the petitioners submits that in spite of availability of fixed points the Commissioner has measured the land from imaginary points. In view of the same, the report should be rejected. Per contra, Mr.Mishra, learned Advocate for the opposite party submits that the Commissioner has assigned the reasons for not taking the measurement on the fixed points. In cross-examination, the Commissioner stated that he was prevented for taking measurement of the disputed land from the fixed points on the ground that the fixed points like bi junction point and tri junction point is at a far place and the both the parties agreed that measurement should be done from the fixed points. The learned trial court is justified in accepting the report.