3. Opposite parties are plaintiffs filed a suit being T.S. No.27 of 1999 in the c
ourt of learned Civil Judge (Junior Division), Salipur for declaration of right, title and int
erest over Schedule-B property and for permanent injunction against the defendants from interf
ering with their possession. During pendency of the suit, the plaintiffs filed an application
under Order 26 Rule 9 CPC on 18.10.2003 for appointment of a survey knowing commissioner for m
easurement of the suit land. The same was rejected on 8.12.2003. Challenging the same, they fi
led a writ petition being WP(C) No.6484 of 2004 before this Court. This Court did not incline
to interfere with the order. The same was disposed of on 19.11.2004 by holding, inter alia, th
at if the plaintiffs want to get the disputed land measured by another survey knowing commissi
oner, it is open to them to do so and file a report before the court below, which would be con
sidered by it along with other evidence in consonance with law. Thereafter, again plaintiffs f
iled an application for deputing a survey knowing commissioner. Though in para-4 of the order,
the learned trial court quoted the order dated 19.11.2004 passed by this Court, but without a
ssigning any reason allowed the petition.
