Subrata Talukdar, J.

In this application under Article 227 of Constitution of India the order impugned No. 14 dated 9th March, 2012 passed by the Ld. Civil Court (Junior Division), Garbeta in Title Suit No. 41 of 2010 is under challenge. By the said impugned order No. 14 dated 9th March, 2012 the Ld. Trial Court was pleased to reject the application filed by the present petitioners-plaintiffs under Order 26 Rule 9 Code of Civil Procedure (for short CPC). The Ld. Trial Court was pleased to record, inter alia, that the application under Order 26 Rule 9 CPC was filed by the plaintiffs for local investigation to ascertain whether the lands in ‘ka/1’, ‘ka/2’ and ‘ka/3’ are part and parcel of the land in the trace map annexed with the Sale Deed No. 8102 in favour of the plaintiff No. 1 as also whether the lands in ‘kha/1’, ‘kha/2’ and ‘kha/3’ are part and parcel of the land in the trace map annexed to the Sale Deed No. 8100 in favour of the plaintiff No. 2.

Local investigation was also sought to ascertain the nature of construction over ‘ka/2’, ‘kha/2’, ‘ka/3’, ‘kha/3’ spaces of land as also whether ‘ka/1’, ‘kha/1’ are vacant lands or not. The present opposite parties-defendan