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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Sirapani Mahanta – Appellant
Versus
Kanchan Mohapatra – Respondent
| Table of Content |
|---|
| 1. dispute over land ownership and encroachment (Para 1 , 2 , 3) |
| 2. court's reasoning for allowing a commission (Para 4 , 7 , 8 , 9 , 10 , 11) |
| 3. arguments on necessity of a survey (Para 5 , 6) |
| 4. order for expedition of trial proceedings (Para 12 , 13) |
JUDGMENT :
This writ application has been filed by defendant Nos.1 and 2 in C.S. No.15 of 2023 pending in the Court of learned Senior Civil Judge, Champua. They seek to challenge the order dated 24.06.2024 passed by the Court below in allowing an application of the plaintiffs for appointment of Civil Court Commissioner under the provisions of Order XXVI Rule 9 of CPC.
3. It is borne out from the record that an application, being I.A. No.7 of 2023 was filed by the plaintiffs seeking an order of temporary injunction. By order dated 25.07.2023, the application was rejected and was subsequently confirmed in appeal by the learned Additional District Judge, Champua in F.A.O. No.4 of 2023, vide order dated 22.11.2023. The plaintiffs thereafter, filed an application under Order XXVI Rule 9 for a direction to depute a Civil Court Commissioner to measure the plot with the intent of finding out the status of possession in respect of
The appointment of a Civil Court Commissioner under Order XXVI Rule 9 is essential in boundary disputes to ascertain possession and clarify any allegations of encroachment.
Boundary disputes necessitate the appointment of a local Commissioner for clarity, ensuring courts fulfill the legal requirement of definitive evidence before adjudication.
The discretionary nature of powers under Order 26 Rule 9 of CPC and the limited scope for entertaining a petition under Article 227 of the Constitution of India.
The discretion to appoint a Commissioner for spot inspection and demarcation of property under Order 26 Rule 9 of CPC lies with the Trial Court, and the nature of relief is purely discretionary.
The discretionary nature of relief under Order 26 Rule 9 of CPC and the limited scope for entertaining a petition under Article 227 of the Constitution of India.
The central legal point established in the judgment is that the appointment of a Commissioner for local investigation should only be done for convenience and after considering the evidence produced b....
Appointment of an Advocate Commissioner is vital under Order XXVI Rule 9 in land disputes to ensure effective adjudication and gain necessary evidence for property encroachment issues.
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