JUDGMENT :

BISWAROOP CHOWDHURY, J.

This application under Articles 227 of the Constitution of India is directed against Order dated 30-05-2023 passed by Learned Civil Judge (Junior Division) 1st Court Katwa, District Purba Bardhaman in Title Suit No 78 of 2015.

2. The ground on which the order of the Learned Trial Court dated 30-05-2023 is assailed before this Court is that the Learned Court without considering the objection filed by the petitioner/defendant and without applying the mind accepted the Inspection Report submitted by the Commissioner.

3. The points of objection of the petitioner/defendant with regard to the Commissioner’s Report may be summed up thus:

A. Ld. Advocate Commissioner has not relayed C.S. settlement map in either field book or case map.

B. The Ld. Advocate Commissioner has not measured the total area of the disputed plots either in C.S. settlement map or L.R. settlement map.

C. The field book measurements are not accurate as taken during field work of the Ld. Advocate commissioner.

D. The notations in the case map as filed by the Ld. Advocate Commissioner do not mention the disputed property which in turn renders the report incomplete.

E. The Ld. Advocate Commissio