Case brief
What is this about?
Orissa High Court, Cuttack; C.M.P. No.854 of 2025; decided 23.07.2025 by Justice B. P. Routray; Abhimanyu Behera and others v. Narana Majhi and others; Order 26 Rule 9 C.P.C.; deputation of survey knowing commissioner; questionnaires on title, possession and construction; suit for permanent injunction; prayer held to amount to collecting evidence on behalf of Plaintiffs and not permitted under law; no infirmity in learned trial court's impugned order; C.M.P. dismissed.
What did the court decide?
Since the suit is for permanent injunction and the Plaintiffs claim to be in possession over the suit property with clear title, the prayer to depute a survey knowing commissioner with the stated questionnaires would necessarily mean collecting evidence on behalf of the Plaintiffs. ¶18