JUDGMENT B. PANIGRAHI, J. — In this appeal unfortunately the parties have been fighting out for several years over a strip of land either claiming it to be under Plot Nos. 591 and 592 which admittedly belonged to respondent Nos. 1 to 11 or under the adjoining plot No.585, which admittedly belonged to defendant No. 1-appellant. It is not in dispute that Plot Nos.591, 592 and 585 are adjacent to each other. The coconut trees and bamboo clumps are being claimed by the plaintiff-respondent to have been lying within his land i.e. Plot Nos. 591 and 592 of Talamuli Sahi of Puri town, whereas defendant-respondents have also claimed those trees to have been lying within their Plot No.585. 2. During the pendency of the suit two survey knowing Commissioners were deputed by the trial Court, but unfortunately those reports were not accepted. A private Commissioner was, therefore, engaged by the plaintiff, but it is seen from the record that the appellate Court has not placed any reliance on it’s report. No amount of oral evidence can locate the exact situation of the land. If a strip of land over which either side are claiming ownership lies within plot Nos.591 and 592, then the appellant shall have no claim, whereas, if such strip of land would be found to be lying within Plot No. 585, the plaintiff cannot lay his claim. 3. At the time of admission in order to avoid rancour, ill-feeling and enmity between the two parties, it is directed that during execution proceeding if an application is filed by either party, a survey knowing Commissioner, preferably an Engi¬neer from the Technical Department shall be deputed and his cost shall be apportioned between both the parties. The boundaries of the Plots shall be indicated by the survey knowing Commissioner by showing Plot Nos. 585 and 591 and 592. In case the suit strip of land is found to be within Plot Nos.591 and 592, the defend¬ants shall be restrained to interfere with the plaintiff’s possession. On the other hand, if such strip of land is found to be within Plot No.585, then the plaintiff’s suit shall be deemed to have been dismissed. 4. With the above observation, the second appeal is dis¬posed of at the admission stage. The parties are directed to bear their own costs. Appeal disposed of.