ARJUN THAKUR Vs. SHARDA KUER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the order dtd. 17/5/2018 passed by learned Munsif, Kaimur, Bhabua in Title Suit No. 29 of 1996 whereby application filed by the petitioner (defendant no. 5) dtd. 5/1/2018 under Order XXVI Rule 10-A has been rejected.

(3.) The plaintiff/ respondents 1st set has filed the suit for declaration of his title over the suit land and for recovery of possession along with permanent injunction. The case of the plaintiff in short is that the disputed property is the ancestral land of the plaintiff and market is situated over the said land. Two sets of written statement-cum-counter claim was filed, first on behalf of defendants no. 1 to 4 and second on behalf of defendant no. 5. Survey knowing Advocate Commissioner was appointed on the application filed by the plaintiff who submitted his report on 12/1/1998. Objection petition was filed on behalf of defendants. Defendant no. 5 who is petitioner herein filed an application under Order 26 Rule 10-A CPC to make measurement of the land and to report on five points stated in application to be answered by the Commissioner which has been rejected by the learned Trial Court vide the impugned order dtd. 17/5/2018.