14.01.2026 Piya ct no. 30 CO 1746 of 2023 sl. 26 Basudev Bhowmick & Ors.

Vs.

Swadesh Ranjan Das & Ors.

Mr. Sukumar Ghosh Ms. Moumita Ghosh ………….For the Petitioner Mr. Soumen Pradhan …. For the Opposite Parties

1. The revisional application has been preferred against an order No. 46 dated 20.03.2023 passed by learned Civil Judge (Junior Division), 1^st Court, Tamluk, Purba Medinipur in Title Suit No. 78 of 2018.

2. Vide the order under challenge the learned Trial Court has rejected the defendants/petitioners application under Order 39 Rule 7 CPC on the following findings:-

“……………. On perusal of case record, instant petition and submission of Ld. Counsel of both parties, it appears that the defendants are praying for appointment of Ld. Advocate Commissioner to conduct local inspection of the suit property. It further appears that local inspection of the schedule suit property has already been completed and its report has been filed by the appointed Ld. Advocate Commissioner before this Court. Furthermore, the contesting defendants have filed their written objection against the said local inspection report of the Ld. Advocate Commissioner. Thereafter, the contesting defendants have filed thi