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2014 Supreme(Ori) 51

B.R.SARANGI
Biseswar Dandpat – Appellant
Versus
Saraswati Dei – Respondent


Advocates:
Advocate Appeared:
For Petitioner: M/s. R. Mohanty, A.K. Mohanty, A.P. Bose, P.K. Samantray, S.N. Biswal, S.K. Mohanty, M.R. Dash & Sumitra Mohanty
For Opp. Parties: M/s. N.C.Pati, R.Das, M.R.Dash, N. Singh & B.Das

JUDGMENT

Dr. B.R.SARANGI, J. - The plaintiff-petitioner has filed this writ application assailing the order dated 29.11.2006 in Annexure-1 passed by the learned Civil Judge (Senior Division), Rairangpur in T.S.No. 23/1995 rejecting the application to exhibit the village maps.

2. The fact of the case in nut-shell is that the plaintiff-petitioner filed Title Suit No. 23/1995 before the learned Civil Judge (Sr. Division), Rairangpur praying for declaration of title over Ac. 0.1 decimal of land as found by Civil Court Commissioner and delivering the possession of the same to him by evicting defendant Nos. 1 to 3 from the said area, his easementary right of way over path and injuncting defendants permanently not to interfere with his possession. The suit was decreed on 24.11.2000. Assailing the same, some of the defendants filed Title Appeal Nos. 1 of 2001 and 2 of 2001 before the Additional District Judge, Rairangpur. After hearing the parties, learned lower appellate Court remanded the matter to the learned Civil Judge (Senior Division), Rairangpur with a direction to appoint a Civil Court Commissioner for measurement of the suit land afresh at the cost of the parties and dispose of the





















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