Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7879 of 2018 Petitioner :- Sukhram Respondent :- Ram Bharos And 2 Others Counsel for Petitioner :- Ravindra Prakash Srivastava
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner.
The instant application has been filed challenging the order dated 18.10.2017 passed by the Civil Judge (Junior Division), Bansi, Siddharth Nagar in Suit No. 436 of 1996, by which survey report no. 87c2 and survey map 88c2 and survey field book 89c2 have been accepted in evidence and date has been fixed for cross-examination of P.W.-1. The petitioner has also challenged the revisional court order dated 29.03.2018 by which challenge to the order dated 18.10.2017 in revision has been rejected on the ground that the said order was an interlocutory order.
As acceptance of Survey Commissioner Report can be assailed before the appellate court in an appeal against a final judgment and decree passed by the trial court, this Court does not find any good reason to enter on the merits of the order dated 18.10.2017 in these proceedings. It is left open to the petitioner to question the acceptance of the Survey Commissioner Report in an appeal, as and when the same is filed, against the final judgment and decree passed by the trial court.
With the aforesaid liberty this petition is disposed off.
Order Date :- 29.10.2018 Pkb/