ORDER :

SUJIT NARAYAN PRASAD, J.

1. The instant Civil Miscellaneous Petition has been preferred under Article 227 of the Constitution of India, for setting aside the order dated 15.06.2023 passed in Title Suit No. 42 of 2008 by learned Senior Civil Judge-IV, Dumka, whereby and where under the petition dated 11.05.2023 filed by the plaintiffs (petitioners herein) under Order XXVI Rule 9 and 10 of Code of Civil Procedure (here in after to be referred as C.P.C), for appointment of Survey pleader Commissioner in order to measure the plots in dispute, has been rejected.

Brief facts of the case:

2. It is the case of the petitioners, as per the pleading made in the instant petition, that the plaintiffs (petitioners herein) being the grandsons of the recorded tenants of the disputed plots in question, have filed the T.S. No. 42 of 2008 for declaration that the lands appertaining to Jamabandi No. 43 of Mc Pherson Settlement of Mauza Rasikpur, being Plot no. 431, 432, 437, 438 and 439 having a total area measuring 1 Bigha 13 Kattha 8 Dhur, are the ancestral property of the plaintiffs which are recorded in the names of Pran Mahto, and Jhagru Mahto. It is stated that the defendants (respondent her