JUDGMENT :

Sujit Narayan Prasad, J.

Prayer

1. This Civil Misc. petition under Article 227 of the Constitution of India, has been preferred against the order dated 18.08.2023 passed by the learned Principal District Judge, Bokaro in Civil Appeal No.11 of 2010, by which, the petition dated 23.03.2023 filed under Order XLI Rule 27 of the CPC and also, the petition dated 04.07.2023 filed under Order XXVI Rule 10A read with Section 151 of the CPC on behalf of the appellant for adducing additional evidence and appointment of Survey Knowing Pleader Commissioner, has been allowed.

Facts

2. The brief facts of the case, as per the pleading made in the instant petition, is required to be enumerated, which reads as under:-

3. It is the case of the petitioner that Title Suit No. 30 of 2001/38 of 2006 has been filed by the plaintiffs/respondent against the defendant/petitioner praying there in a decree for declaration of right, title and confirmation of possession over the suit property, and other reliefs.

4. It is the further case that lands measuring an area of 1.09 acres purchased by the defendant Babuchand Mahto and the lands measuring an area of 0.21 acres jointly purchased by Raman Chanda Jha an