Gagan Bihari Das And Others vs Sasadhar Das

K.R. Mohapatra, J

This matter is taken up through hybrid mode.

Order dated 10th July, 2023 (Annexure-4 Series) passed by learned Civil Judge, LR and LTV, Kendrapara passed in TS No.213 of 2001 is under challenge in this CMP, whereby an objection raised by the Defendants to the acceptance of the Commissioner’s report, has been rejected.

Mr. Acharya, learned counsel for the Petitioners submits that the suit is for declaration of joint right, title and interest of the Plaintiff and PROFORMA Defendant No.4 as well as for confirmation of possession in respect of the suit plot, recovery of possession and permanent injunction. By order of learned trial Court, a Commissioner was appointed to measure the land and submitted its report.  The Civil Court Commissioner’s report was submitted on 18th May, 2013. As the Civil Court Commissioner’s report was not in accordance with law, the Defendants filed an objection under Annexure-4 Series not to accept the same and prayed for deputation of a fresh Civil Court Commissioner for measurement of the land. Learned trial Court, without considering the matter in its proper perspective, rejected the objection and accepted the report of the Civil Court Commissioner vide order dated 10th July, 2023, which is impugned herein.

It is his submission that the objection raised by the Defendants-Petitioners was not at all taken into consideration at the time of adjudication. Thus, the impugned order under Annexure-4 series is vitiated for non-consideration of the objection raised by the Petitioners and is liable to be set aside.

Upon hearing Mr. Acharya, learned counsel for the Petitioners and on perusal of record, more particularly, the objections raised by the Petitioners to the Civil Court Commissioner’s report, it appears that it is an evasive one and no specific ground was taken in the objection with regard to any illegality or impropriety, if any caused by the Civil Court Commissioner while making field verification and submitting the report. The Petitioners have only raised omnibus objections without stating irregularity, if any, specifically in the Commissioner’s report.

Further, it appears from the impugned order that the Petitioners were given an opportunity to cross-examine the Civil Court Commissioner. But, nothing could be elicited from the Civil Commissioner to reject the report submitted by him. On perusal of the Civil Court Commissioner’s report at Annexure-3, this Court finds that the Civil Court Commissioner has followed due procedure of law while making measurement of the land.

In that view of the matter, I am not inclined to interfere with the impugned order.

This CMP stands dismissed accordingly.

Since the suit is of the year 2001, learned trial Court should make all endeavours to see that it is disposed of at an early date in accordance with law.

Urgent certified copy of this order be granted on proper application.

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