Re: I.A. No. 03 of 2023 This interlocutory application has been filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure by respondent nos. 1 and 2 for grant of a temporary injunction restraining the appellants from transferring the disputed properties to any person, or creating any third party right or making any construction or changing its nature and character in any manner whatsoever till the final hearing of this suit.

2. Before deciding the I.A. No. 03 of 2023, I am of the view that a Pleader Commissioner be appointed with the consent of the parties in this case so that the status of the building be ascertained existing as on today.

3. Accordingly, learned District Judge, Bhagalpur is directed to appoint a survey knowing Pleader Commissioner to ascertain the suit property with regard to double storied pucca Patna High Court FA No.68 of 2019(10) dt.09-10-2023 2/2 house standing over land bearing Khata No. 164, Plot No. 70, Area 0.0945 hectares situated at Kahalgaon Municipality, Ward No. 3 (Old) 10 (New), Holding No. 29/40, P.S.-Kahalgaon, District-Bhagalpur.

4. The Pleader Commissioner shall also submit a report with regard to existing status/constructed position of the building with dimension. Further, the survey knowing Pleader Commissioner will submit the report before the District Judge, who, in turn, will transit the same to this Court within six weeks from today.

5. The fees of the survey knowing Pleader Commissioner shall be deposited by the respondent no. 1 before the District Judge, Bhagalpur by 18.10.2023.

6. List this case after eight weeks under the same heading.

(Khatim Reza, J) prabhat/-