Single bench disposed of a civil miscellaneous petition challenging an order rejecting a prayer for measurement of land, declining interference but directing the petitioner to approach the commissioner herself.
None granted to the petitioner; however, the right to take her own commissioner for measuring the land was preserved.
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CMP NO. 937 of 2014
04. 15.10.2015 Heard learned counsel for the petitioner.
This Civil Misc. Petition has been filed by the petitioner challenging the
order dated 23.7.2014 passed by the learned Civil Judge (Senior Division), Puri in C.S. N
o. 198 of 2013 rejecting the petition under Order 26, Rule 9 C.P.C.
Considering the submissions made and perusing the impugned order, I am not inc
lined to interfere with the same.
However, it is open to the petitioner to take her own Commissioner to measu
re the land and adduce evidence in support of her case, which shall be considered in accorda
nce with law.
The Civil Misc. Petition is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
B. P. Ray, J.
biswal
2 issues framed by the court
Whether to interfere with the CCJ's order rejecting the petition for measurement of land under Order 26 Rule 9 CPC
Whether the petitioner is permitted to take her own commissioner to measure the land
1 provisions across 1 enactments
B. P. Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court