Rama Krishna Ratho Since Dead vs P. Uma Maheswar Rao
2021 Latest Caselaw 8330 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                RSA No.174 of 2005

            Rama Krishna Ratho since dead           ....            Appellants
            through his L.Rs.
                                                      Mr.S.S.Rao, Advocate

                                        -versus-
            P. Uma Maheswar Rao                     ....            Respondent
                                                                   Mr.B.Baug
                                                             (through Caveat)

                      CORAM:
                      MR. JUSTICE D.DASH
                                       ORDER

09.08.2021 Order No.

10. 1. This matter is taken up by hybrid arrangement (virtual/physical mode)

2. Heard Mr.S.S.Rao, learned counsel for the Appellant (Defendant in the matter of admission of Appeal. Mr.B.Baug, learned counsel who has entered appearance on behalf of the Respondent (Plaintiff) assisted in the matter.

3. Perused the judgments passed by the Courts below.

The Appeal is admitted on the following substantial questions of law:

(A) Whether the finding of the courts below that the Plaintiff has proved his over title over the suit property is against the weight of evidence on record and the outcome of the perverse appreciation of evidence; and

(B) Whether the courts below, on the face of the rival pleadings, were called upon to frame any issue on the question of

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acquisition of title by adverse possession by the Defendant and accordingly, were under the obligation to render the decision and that the failure thereof has resulted grave prejudice to the Defendants.

On the consent of the learned counsel for the Parties, final hearing of the Appeal being is taken up, the same stands concluded.

Judgment is reserved.

(D. Dash), Judge.

Basu