The High Court disposed of a CMP challenging the Civil Judge's rejection of an application for a survey knowing commissioner. The Court refused interference at this stage as evidence was pending but granted liberty to file a fresh application post-evidence closure.
Liberty granted to file fresh application under Order 26 Rule 9 CPC after closure of evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.321 of 2026
Umarani Sahoo
.....
Petitioner
Represented by Adv. - Ajit Kumar Sahoo
-versus-
1) Surendra Pati ..... Opposite Parties 2) Narendra Pati Represented by Adv. - 3) Binapani Pati
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
06.03.2026
Order No.
Page 1 of 2.
for permanent injunction. After filing of the W.S. by the dependants Plaintiff filed his application under Order 26 Rule 9 of CPC with a prayer for appointment of Survey knowing Commissioner for better identification of the suit land and to ascertain certain facts. Such application having been rejected by the learned trial Court, the Petitioner has approached this Court by filing the present CMP application.
( A.K. Mohapatra) Judge
Sisir
Signature Not Verified
Digitally Signed Signed by: SISIR KUMAR SETHI Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 09-Mar-2026 14:01:35
Page 2 of 2.
2 issues framed by the court
Whether Special Leave Petitioner should interfere with trial Court's rejection of survey commissioner appointment application before evidence closure.
Whether liberty is granted to file fresh application under Order 26 Rule 9 after closure of evidence.
2 provisions across 2 enactments
Umarani Sahoo
Surendra Pati
Narendra Pati
Binapani Pati
Sasmita Pati
Barsarani Pati
Aditya Kumar Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
