JUDGMENT :

Dr. A.K. Rath, J.

This petition challenges the order dated 17.4.2015 passed by the learned Additional Civil Judge (Jr. Divn.), Ranpur in C.S. No.14 of 2008. By the said order, learned trial court rejected the application of the plaintiff under Order 26 Rule 9 C.P.C. for appointment of survey knowing commissioner.

2. The petitioner as plaintiff instituted the suit for declaration of right, title and interest, recovery of possession and permanent injunction impleading the opposite party as defendant. The case of the plaintiff is that the suit schedule land has been recorded in his name in the sabik as well hal ROR. In the ceiling case no.536/76, lease was executed in his favour for an area of Ac.01.00 in the year 1976 by the Tahasildar, Ranpur. Thereafter, possession was delivered. A big plot of Govt. land was lying vacant to the southern side of the ‘B’ schedule land. He possessed an area of Ac.0.06 dec. of Govt. land and amalgamated the same to his lease hold land. Thereafter, he has constructed a house over the land. The Land Acquisition Officer, Bhubaneswar has acquired Ac.0.77 dec. of land from the southern side in the year 2003 for expansion of National Highway No.5. He