JUDGMENT :

A.K. Rath, J.

1. This petition challenges the order dated 16.04.2018, passed by the learned Civil Judge (Junior Division), Bhubaneswar, in C.S. No. 263 of 2010, whereby and whereunder, the trial court allowed the application of the plaintiff under Order-26 Rule-9 CPC for appointment of a Survey Knowing Commissioner.

2. Since the dispute lies in a very narrow compass, facts need not be recounted in details. Suffice it to say that plaintiff-opposite party no. 1 instituted the suit for permanent injunction impleading the petitioner and opposite party no. 2 as defendants. The defendant entered appearance and filed written statement denying the assertion made in the plaint. While matter stood thus, the plaintiff filed an application under Order-26 Rule-9 CPC for appointment of a Survey Knowing Commissioner. It was stated that the order of status quo was passed in I.A. No. 320 of 2010. The defendants have encroached upon a portion of the suit land. The defendant objected the petition. The trial court allowed the same.

3. Mr. Pradipta Kumar Mohanty, learned Senior Counsel for the petitioner submits that hearing of the case has not yet began. The defendants have not encroached upon