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CALCUTTA HIGH COURT
Dinesh Kumar Sharma, J
Pabitra Kumar Maji & Ors. – Appellant
Versus
P.M. Nemai Majhi – Respondent
| Table of Content |
|---|
| 1. petitioner's waiver of points and respondent's consent. (Para 4 , 5) |
| 2. court's ruling on survey commission appointment. (Para 6) |
| 3. disposal of the petition with observations. (Para 7 , 8) |
1. Affidavit of service filed by the petitioners is taken on record.
2. Present petition has been filed challenging the order dated 14th June, 2023 in Title Suit No. 57 of 2022 passed by learned Civil Judge (Junior Division), First Additional Court, Contai, Purba Medinipur whereby petition under Order 26 Rule 9 of CPC has been rejected.
3. In the petition under Order 26 Rule 9 CPC the petitioner has mentioned the following points for local inspection :
“A. To note down and take measurement of the area of the “A” schedule suit property including “B” schedule suit property and drawn up sketch plan with boundary description.
B. To note down and inspect the nature and character of the “A” and “B” Schedule suit property and at present use as on what purpose and how many trees and names and structures are existing thereon.
C To note down whether “B” schedule suit property is exclusively used by the plaintiffs and under part of the “A” schedule suit property.
D. To note down the dag and khati
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