Advocates:
['M/S DEEPALI MAHAPATRA', '', 'S PARIDA', 'M/S LALATENDU SAMANTRAY', '', 'G DAS', 'I SAMANTRAY', 'R L PRADHAN']

HIGH COURT OF ORISSA: CUTTACK

C.M.P.No.81 of 2015

In the matter of an application under Article 227 of the Constitution of

India.

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Govinda Nahak and others

….

Petitioners

Versus

Juria Gouda and others

….

Opposite parties

For Petitioners

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Ms.Deepali Mahapatra

Advocate

For Opposite parties

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Mr.R.L.Pradhan,

Advocate

J U D G M E N T

PRESENT:

THE HONOURABLE DR. JUSTICE A.K.RATH

Date of Hearing:26.04.2017 & Date of Judgment:08.05.2017

Dr.A.K.Rath, J. This petition challenges the order dated 16.12.2014 passed by

the learned Civil Judge (Senior Division), Aska. By the said order, the

learned trial court rejected application of the defendants under Order 26

Rule 9 C.P.C. to appoint S.D.O., Minor Irrigation, Hinjilicut as

Commissioner for local investigation and to submit report about the water

channel.

2.

The opposite parties as plaintiffs instituted the suit for

mandatory injunction directing the petitioners-defendants to fill the

channel over the suit land and permanent injunction. The case of t