JUDGMENT

K.R. Mohapatra, J. - This matter is taken up through Hybrid mode.

2. Order dated 29th November, 2022 (Annexure-7) passed by learned Civil Judge (Junior Division), Jharsuguda in Civil Suit No.43 of 2020 is under challenge in this CMP, whereby an application filed under Order XXVI Rule 9 CPC filed by Defendant No.1/Petitioner has been rejected.

3. It is submitted that the suit has been filed for declaration of right, title and interest and that the sale deed No.520 dated 15th April, 2000 is void and to declare the Schedule 'A' land to be joint family property of Defendant No.2. During course of recording of evidence on behalf of Defendants, an application under Order XXVI Rule 9 CPC was filed by Defendant No.1 to depute a Survey knowing Commissioner to submit report as to whether Defendant No.1 is in possession over the suit land and that Defendant No.1 is using the same as the only access to his house. Learned trial Court holding that the identity of the land is not in dispute, rejected the petition. Hence, this CMP has been filed.

4. Mr. Das, learned counsel for the Petitioner submits the Defendant No.1 is in possession over the Schedule 'B' land, which is being used as the on