IN THE HIGH COURT OF ORISSA AT CUTTACK

C.M.P. No.891 of 2024

(An application under Article 227 of the Constitution of India)

Sirapani Mahanta & Another ...… Petitioners

-Versus-

Kanchan Mohapatra & Others ..…. Opp. Parties

Advocate(s) appeared in this case :-

_______________________________________________________

For Petitioners : Mr. S. Mishra, Advocate

Mr. Omkar Panda, Advocate

For Opp. Parties : Mr. G. Mukherji, Sr. Advocate

with Mr. A. Mishra, Advocate

_______________________________________________________

CORAM:

JUSTICE SASHIKANTA MISHRA

JUDGMENT

7^th January, 2026

SASHIKANTA MISHRA, J.

This writ application has been filed by

defendant Nos.1 and 2 in C.S. No.15 of 2023 pending in the Court of learned Senior Civil Judge, Champua. They seek to challenge the order dated 24.06.2024 passed by

the Court below in allowing an application of the plaintiffs for appointment of Civil Court Commissioner under the provisions of Order XXVI Rule 9 of CPC.

2. Briefly stated, the facts of the case are that the plaintiffs have filed the suit inter alia, alleging that the defendant Nos.1 and 2 have encroached upon a portion of Plot No.129 (Schedule-B), which actually belongs to them and defendant No.4. As such, th