BASANTILATA MISHRA AND OTHERS Vs. COLLECTOR

JUDGEMENT

(1.) This petition challenges the order dated 12.08.2016 passed by learned Civil Judge (Sr. Divn.), Kendrapara in C.S. No.431 of 2006, whereby and whereunder learned trial court has rejected the application of the defendant nos.1 to 5 and 7 for a direction to the plaintiffs to produce the Panchayat Faisala Patra dated 28.8.1973.

(2.) Since the dispute lies in a narrow compass, it is not necessary to recount in detail the cases of the parties. Suffice it to say that plaintiffs-opposite party nos.7 to 9 instituted the suit for declaration of title, correction of ROR and certain other ancillary reliefs. Defendant nos.1 to 5 and 7 entered contest and filed written statement denying the assertions made in the plaint. Issues were settled. Four witnesses had been examined by the plaintiffs. At this juncture, defendant nos.1 to 5 and 7 filed an application for a direction to the plaintiffs to produce the Panchayat Faisala Patra dated 28.8.1973. The defendants filed objection.

(3.) Heard Mr. J.K. Mishra-2, learned Advocate for the petitioners, Mr. M. Mohanty, learned Advocate for the opposite party no.7 and Mr. P.K. Routray along with Mr. J. Bhuyan, learned Advocates for the opposite party nos.8 and 9.