JUDGMENT :

Dr. Akshaya Kumar Rath, J.

1. Aggrieved by and dissatisfied with the order dated 2.8.2008 passed by the learned Civil Judge (Jr. Divn), 1st Court, Cuttack in C.S. No. 213 of 2003, the instant petition is filed under Article 227 of the Constitution of India. By the said order, learned trial court rejected the application of the plaintiff filed under Order 26 Rule 9 C.P.C. to depute a survey knowing civil court commissioner. The petitioner as plaintiff filed a suit for perpetual injunction restraining the defendant-opposite parties from interfering with the peaceful possession of the suit land or making any construction over the same in the court of the learned Civil Judge (Jr. Divn.), 1st Court, Cuttack, which is registered as C.S. No. 213 of 2003. Pursuant to issuance of summons, the defendants entered appearance and filed their written statement denying the assertions made in the plaint. While the matter stood thus, an application was filed by the plaintiff under Order 26 Rule 9 C.P.C., for deputing a civil court commissioner to resolve the dispute. Learned trial court allowed the same and accordingly deputed a survey knowing civil court commissioner to measure the land a