JOGENDRA CHANDRA SKILL Vs. ANUKUL CHANDRA SKILL

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dated 27.11.2003 passed by the learned Civil Judge, Junior Division, Khowai, West Tripura rejecting the prayer of the petitioner for rejecting the report of the Survey Commissioner and for appointing another Survey Commissioner for local inspection of the suit land.

(2.) The material facts of the case may be briefly stated. The petitioner-plaintiff claims that he is the owner in possession of the land measuring 0' 03 acre under Plot No. 2924 in Khatian No. 69 of Mouja-Madhya Kalyanpur. He also claims that he is the owner of the land measuring 0'01 acre under Dag No. 2927 in Khatian No. 1/119 of Mouja Madhya Kalyanpur. It is asserted by the petitioner that when the respondents disposed him of a portion of the aforesaid lands measuring 33 feet in length and 6 feet in width, i.e. 198 sq. feet, he instituted a suit for recovery of possession under Section 6 of the Specific Relief Act, 1963 before the learned Civil Judge, Junior Division, Khowai. Simultaneously, he also filed an application for temporary injunction to restrain the respondents from changing the character of the suit land. The suit and the application are registered and numbered as T.S. No. 4 of 2003 and Misc. Case No. 1 of 2003 respectively.

(3.) It would appear that the respondents contested both the suits and the application and filed their written statement of defence and written objection. However, the learned Civil Judge, after hearing the parties on the prayer for temporary injunction, passed the order dated 24.07.2003 directing both the parties to maintain the status quo in respect of the suit land pending disposal of the suit and at the same time observing that the boundary dispute between the parties could not be ascertained at that stage without appointing a Survey Commissioner. Apparently, taking cue from the above observation, the petitioner filed an application under Order XXVI, Rule 9 of the Code of Civil Procedure (hereinafter called 'the Code') for appointment of a Survey Commissioner to make local investigation. The application was allowed by the learned Civil Judge and a Survey Commissioner was accordingly appointed. The Survey Commissioner after making local investigation submitted his report dated 01.10.2003 to the learned Civil Judge.