KRUSHNA BEHERA AND ANR. Vs. GITARANI NANDY

JUDGEMENT

(1.) NOTICE of admission having been issued, opposite party has entered appearance. This matter was listed for orders regarding consideration of the report of the trial Court in respect of non submission of report by the lawyers appointed to submit the report. Since, short question involved is whether appointment of the lawyer to inspect the spot and submit the report is exercise of jurisdiction with material irregularity. I heard the Civil Revision on merits with consent of parties to avoid further delay in the proceeding.

(2.) IN a suit for eviction of the Petitioners from the suit premises ad interim temporary injunction was issued again or the Petitioners restraining them from making any construction. While the question of making the orders final is pending after objection by the Petitioners, opposite party filed an application that Petitioners are to be penalised for violation of the order of injunction.

(3.) AFTER hearing parties and relying upon a decision of this Court reported in, (1989) 31 O.J.D. 135 Subal Kumar Dey v. Puma Chandra Giri and Ors. trial Court appointed a lawyer to have local inspection in exercise of power under Or. 39, R.7, Code of Civil Procedure to report about the number of rooms existing over the suit property and the description of the rooms including the wall, roof and floor and about the approximate area of the rooms and the other structures standing thereon and to submit a rough sketch map of the suit property showing the location of the rooms, other structures and trees existing thereon.