ORDER

27.8.2013 – Heard learned counsel appearing for the parties.

In this writ petition, the order dated 19.07.2013 passed in Title Suit No. 62 of 1988 of the Court of Civil Judge (Junior Division), Kendrapara is in question.

The present opposite party No. 1 filed a suit for declaration of right, title and interest and also for recovery of possession of the suit schedule property. Before the trial commenced, the plaintiff filed application for deputing a survey knowing commissioner to measure the suit land and to answer the following question :

“Whether the suit land appertaining to sebak plot No. 160 (Hal Plot Nos. 190 and 193) or not.”

A report was submitted by the survey knowing commissioner and the same was accepted by the Court. Thereafter, both the parties led evidence. After closure of evidence on both the sides at the stage of argument, the defendant filed petition for appointment of survey knowing commissioner for local inspection. In the said petition, the defendant prayed the lower Court to issue a writ to determine whether any space remains on the northern side and eastern side of plot No. 160 (sabak khata nos. 131).

The learned Civil Judge after elaborate discussion on the