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Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Order dated 17th May, 2022 (Annexure-1) passed by learned Senior Civil Judge, Salipur in CS No.114 of 1994 (FD No.2 of 2022) is under challenge in this CMP, whereby learned trial Court by accepting the report of the Civil Court Commissioner, disposed of the Final Decree Proceeding directing the parties to file stamp paper for drawal of the decree. 2.1 Grievance of the Petitioners in this CMP is with regard to Plot No.239. It is submitted by Mr. Mohapatra, learned counsel for the Petitioners that from Plot No.239 frontage of 26 feet has been given to the Defendants/Opposite Parties, whereas the frontage of 6 feet 3 inches has been allotted in favour of the Petitioners. Since there is an inequitable distribution of frontage of Plot No.239, the Plaintiffs/Petitioners filed objection to the Commissioner’s report. Without taking note of the same and without giving any opportunity to the Petitioners to cross-examine the Civil Court Commissioner, the impugned order has been passed. Hence, this CMP has been filed.
In course of hearing, Mr. Mohapatra, learned counsel submits that interest of justice will be best served if the Petitioners file an application to recall the impugned order under Annexure-1 and to give them an opportunity to cross-examine the Civil Court Commissioner in view of the previous orders passed in the final Decree proceeding.
In view of the submission made, this Court, without expressing any opinion on the merits of the case of the Petitioners, disposes of the CMP with a direction that in the event the Petitioners file an application for recall of order under Annexure-1 within a period of two weeks hence, the same shall be considered in accordance with law giving opportunity of hearing to the parties concerned, if the Final Decree has not yet been sealed and signed.
Issue urgent certified copy of the order on proper application.
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