NITYANANDA CHUTIA Vs. SABIR AZIM SHAH

JUDGEMENT

(1.) By this common order, this Court proposes to dispose of two civil revision petitions, namely, CRP (IO) No. 54/2024 and CRP (IO) No.60/2024, as in both the cases the order dtd. 25/1/2024, passed by the learned Civil Judge (Senior Division), Dibrugarh, in Misc.(J) Case No. 15/2024, arising out of Misc.(J) Case No. 01/2024 has been put to challenge under Article 227 of the Constitution of India.

(2.) Heard Mr. B. Dutta, the learned Senior Counsel, assisted by Mr. S. Deka, the learned Counsel for the petitioner in both the above-mentioned cases. Also heard Mr. N.J. Gogoi, the learned counsel for the respondent Nos. 1 to 7 in both the cases.

(3.) By the impugned order dtd. 25/1/2024, passed in Misc.(J) Case No. 15/2024, arising out of Misc.(J) Case No. 01/2024, in connection with T.S. No. 01/2024, the application under Order 26 Rule 9 read with Sec. 151 of the Code of Civil Procedure, 1908, filed by the respondent Nos. 1 to 7, who are the plaintiffs in T.S. No. 01/2024, praying for issuance of a commission for verifying, as to whether constructions, which are carried out by the DEE and A Solution Pvt. Ltd. and Sri Meghnath Das, [who are the respondent Nos. 10 and 11 respectively in CRP(IO) No. 54/2024, as well as the petitioner and respondent No. 10 respectively in CRP(IO) No. 60/2024],is over the land as described in the Schedule-"D" and 'E", i.e., Dag No. 441(O), Periodic Patta No. 278(O), Dag No. 738(N),Periodic Patta No. 566(N), Dag No. 441(O), Periodic Patta No. 278, all in the land covered by Scheduled-"A" and 'B", i.e., Dag No. 122, Periodic Patta No. 22 and Dag No. 38, was allowed.