JUDGMENT :

A.K. RATH, J.

1. By this application under Article 227 of the Constitution, challenge is made to the order dated 19.8.2016 passed by the learned Civil Judge (Junior Division), Puri in C.S No. 15 of 2013 whereby the learned trial court accepted the report of the survey knowing commissioner.

2. The petitioners as plaintiffs instituted the suit for declaration of right, title and interest, confirmation of possession, permanent injunction and other consequential reliefs impleading the opposite parties as defendants. In course of hearing of the suit, the plaintiffs filed an application under Order 26 Rule 9 CPC for deputation of a survey knowing commissioner. The same was allowed. Learned trial court deputed a survey knowing commissioner. The survey knowing commissioner measured the suit plots and submitted the report. Thereafter, the survey knowing commissioner was examined as C.W.1. By order dated 19.8.2016, the learned trial court accepted the report of the survey knowing commissioner.

3. Heard Mr. Samarendra Bal, learned counsel for the petitioners and Mr. D.P. Mohanty, learned counsel for the opposite parties.

4. Mr. Bal, learned counsel for the petitioners, submitted that th