SWAROOP SEKHAR JEE AND ORS. Vs. GHANSHYAM PANDA

JUDGEMENT

(1.) THE Plaintiff -Respondents in an appeal now pending before the lower appellate Court have filed this revision challenging the order of the lower appellate Court directing the appointment of a Survey knowing Commissioner.

(2.) IT is unnecessary to go into the details of the pleadings of the parties or the evidence on record in view of the order proposed to be passed hereunder. Suffice it to say that the suit for declaration of title and recovery of possession having been decreed, an appeal is now pending before the lower appellate Court at the instance of the Defendant. During the pendency of the appeal, the Defendant filed an application for appointment of a Survey knowing Commissioner to measure an demarcate the disputed land. The said application having been allowed by the lower appellate Court, the present revision has been filed.

(3.) IN the Division Bench decision of this Court, it was held: