D/L- 12

07/08/2025

Ct. No.-6

Aritra C.O. 2795 of 2025

Kalpana Senapati

Vs.

Swapan Kumar Roy

Mr. Tanmoy Mukherjee

Mr. Monoranjan Jana

Mr. Souvik Das

Mr. Rudranil Das

…for the petitioner

This application under Article 227 of the

Constitution of India is at the instance of the plaintiff and is directed against an order being No.171 dated June 9, 2025 passed by the learned Civil Judge (Jr. Div.), 1^st Additional Court, Contai, District-Purba Medinipur in

Title Suit No. 47 of 2015.

By the order impugned, the report of the survey

passed Commissioner was accepted on contest.

Mr. Mukherjee, learned advocate appearing for the

petitioner submits that the petitioner filed a written objection to the Commissioner’s report but the points raised therein were not considered by the learned trial

judge while accepting the Commissioner’s report.

The petitioner filed a suit for declaration of title,

confirmation of possession and for mandatory injunction directing removal of the construction on the encroached portion which has been described in Ka schedule of the

plaint.

Petitioner filed an application for local investigation which was allowed and the Commissioner submitted the report. The said report was not accepted by the