Jharkhand High Court
Anita Devi vs Gupteshwar Sharma on 10 August, 2015
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 1774 of 2015
Anita Devi, Wife of Sri Anil Kumar Singh, Resident of Village
Jamalpur, PO Gamharia, PS Adityapur, Dist. Seraikella
Kharsawan, StateJharkhand
... ... Petitioner
Versus
Gupteshwar Sharma, Son of Late Raghu Nath Sharma,
Resident of VillageJamalpur, PO Gamharia, PS Adityapur, Dist.
SeraikellaKharsawan, StateJharkhand
... ... Respondent
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Mahesh Kumar Sinha Advocate
: Mr. Mrinal Singh, Advocate
For the Respondent :
04/10.08.2015Aggrieved by order dated 04.04.2015 in Title Appeal No. 02 of 2013, the present writ petition has been filed.
2. The petitioner is plaintiff in Title Suit No. 12 of 2012 which was filed for a declaration of her right, title and interest over land admeasuring 48 feet x 1.75 feet. The plaintiff has claimed that she purchased about 2 kathas of land in Khata No. 167, Plot Nos. 2440 and 2441 in N.A.C. Ward No. 3, Adityapur, which is ScheduleA property. Over the said land she constructed a house and she left about 48 x 1.75 feet land for her personal use and easy flow of waste water from the house. The defendant appeared and took stand in the written statement that he is in possession of the said land. A report of Anchal Amin vide Demarcation Case No. 15 of 201112 was submitted along with a map. The suit was dismissed against which the petitioner preferred Title Appeal No. 02 of 2013. The suit land is described as Schedule B land. The petitioner/appellant filed an application under Order XXVI Rule 9 C.P.C. seeking appointment of survey knowing Pleader Commissioner for measurement of the suit 2 land.
3. The learned counsel for the petitioner submits that, the Pleader Commissioner's report would conclusively decide the controversy involved in the present case. Mr. A. K. Verma, the learned J.C. to S.C. (L&C) appears on behalf of respondent and supports the impugned order dated 04.04.2015.
4. The contention raised on behalf of the petitioner is devoid of merits. During the pendency of Title Suit No. 12 of 2012, report of Anchal Amin was received. After appreciating the evidence the trial court dismissed Title Suit No. 12 of 2012. Appointment of survey knowing Pleader Commissioner under Order XXVI Rule 9 C.P.C. at the appellate stage has rightly been rejected by the Trial Judge.
5. I find no merit in the writ petition and accordingly, it is dismissed.
6. Let a copy of the order be sent to the concerned trial court through FAX.
(Shree Chandrashekhar, J.) Amit/N.A.F.R