Order on Board

23/01/2025

1. The petitioners have challenged the order passed by the learned V^th Civil Judge, Class-II, Durg, District Durg (C.G.) in Civil Suit No. A/123/2019 dated 02.11.2022, whereby an application moved by the plaintiff under Order 26 Rule 9 of CPC has been allowed pertaining to Survey No. 864/2, situated at Village Tamer Para Dhamdha, Tehsil Dhamdha, District Durg.

2. The plaintiff filed a suit for declaration of title and permanent injunction, inter alia on the ground that Survey No. 864/2 admeasuring 0.06 acre was purchased through a registered sale deed dated 17.09.1975 from one Parasram. It is further pleaded that the plaintiff was in possession of the suit property, but defendants No. 1 to 3 have encroached over the suit land. Looking to the controversy involved in the case, the plaintiff moved an application under Order 26 Rule 9 of CPC for identification of the suit land. The application moved by the plaintiff was allowed by the learned trial court vide impugned order and the same has been challenged in the present petition.

3. Mr. H. B. Agrawal, learned Senior Advocate appearing for the petitioners/defendants would argue that in evidence, the plaintiff