RSA/67/2020
2021 Latest Caselaw 4666 Ori

                              RSA No.67 of 2020




3.   06.04.2021            This matter is taken up by video conferencing mode.

                           Heard learned counsel for the Appellant in the matter
                  of admission of the appeal.

                           Perused the judgments passed by the courts below.

                           The appeal is admitted on the following substantial
                  question of law:-

                           "Whether on the face of the Trial Court's finding
                  under issue No. 6 that the Plaintiff though is not entitled to
                  relief of permanent injunction against the Defendants in respect
                  of the purchase land of the Defendants measuring Ac.0.01 dec.
                  is entitled to the said relief in so far as the rest Ac.0.01 dec. of
                  land which has not been disturbed in the First Appeal the
                  Courts below are right in dismissing the suit in entirety?"

                           Issue notice to the Respondents by registered post
                  with A.D. Steps be taken within a week hence. In that event
                  notice be issued, fixing a short returnable date.

                           List this matter in the week commencing 6th May,
                  2021.

                           As the restrictions due to the COVID-19 situation are
                  continuing, learned counsel for the parties may utilize a soft
       copy of this order available in the High Court's website or
      print out thereof at par with certified copy in the manner
      prescribed, vide Court's Notice No. 4587, dated 25th March,
      2020.

                                        ....................
                                         D. Dash, J.

Aks