ORDER :

This writ application has been filed challenging an order dated 4.8.2008 passed by the learned Civil Judge (Sr. Divn.), Karanjia in T.S. No. 21/2000 rejecting the petition filed by the petitioners/defendant Nos. 1(a) and (b) for deputation of a civil Court commissioner under the provision of Order 26, Rule 9 of the Code of Civil Procedure.

2. Opp. party No. 1 as the plaintiff filed the above noted suit for declaration of title, recovery of possession and permanent injunction in respect of the suit land appertaining to Plot No. 96/344 as per the record of the current settlement published in the year 1982-83 standing in the name of Suryamani Patnaik and his brothers. It is stated that the said land was purchased from one Bhikari Charan Behera by registered sale deed dated 5.6.1963. In the year 1987, wife of Suryamani Patnaik, the defendant No. 2 on her behalf and on behalf of minor daughters, defendant Nos. 3 and 4 sold land measuring Ac.0.019 decimal to the plaintiff. When defendant Nos. 1(a) and (b) claiming to have purchased the suit land created disturbance in the possession of the plaintiff, a proceeding under Section 145 Cr. P.C. was initiated in which the possession of t