DOLAGOBINDA RATH AND ANOTHER Vs. LOKNATH MISHRA

JUDGEMENT

(1.) This petition challenges the order dated 28.01.2016 passed by the learned Civil Judge (Jr. Divn.), Puri in C.S. No.13 of 2013. By the said order, learned trial court rejected the application of the plaintiffs under Order 26 Rule 9 C.P.C. for appointment of a survey knowing commissioner.

(2.) The petitioners as plaintiffs instituted the suit for permanent and mandatory injunction impleading the opposite party as defendant. The case of the plaintiffs is that the suit schedule property was the ancestral property. The same was recorded in the name of their father in the consolidation record of right published in the year 1987. The old building and eastern side boundary wall situated over the suit plot no.1738. The defendant is the eastern side neighbour having his house over plot no.1739. He forcibly tried to construct the building over the eastern side boundary wall.

(3.) Pursuant to issuance of summons, the defendant entered appearance and filed written statement-cum-counter claim and seeking a decree for mandatory injunction directing the plaintiffs to remove projections in their eastern side wall.