Kishore Prasad Behera & Others vs Baishnab Charan Das & Others
2021 Latest Caselaw 7083 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK


                                R.S.A. No.32 of 2021
            Kishore Prasad Behera & Others    ....         Appellants
                                    Mr.Bibekananda Bhuyan, Advocate

                                   -versus-
            Baishnab Charan Das & Others           ....         Respondents


                      CORAM:
                      MR. JUSTICE D.DASH
                                       ORDER

13.07.2021 Order No.

02. 1. This matter is taken up by video conferencing mode.

2. Heard Mr. B. Bhuyan, learned counsel for the Appellants (Defendant Nos.2,3,4,12 and 15) in the matter of admission of the Appeal. Perused the judgments passed by the courts below.

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

(i) "Whether the Lower Appellate Court's conclusion that there being sufficient evidence on record to declare the right, title and interest of the Plaintiff and confirm his possession over the suit land described in Schedule "A" and "B" of the plaint and that the Trial Court has committed grave error both on fact and law in answering issue no.3 against the Plaintiff is unsustainable, particularly when the Plaintiff has described the suit land both as per the record of the previous and subsequent settlement operations with the change in the area of the land when the sale deed also finds description of the land as per the records of both the settlement operations remaining irreconcilable?

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(ii) Whether the Lower Appellate Court ought to have held that the suit land is not to the extent of Ac.0.26 dec. but Ac.0.20 dec. of which the right, title and interest has been conveyed to the Plaintiffs under the sale deed dated 09.09.1981 (Ext.3)?"

4. Issue notice to the Respondents by Registered Post with A.D. making it returnable within three weeks. Requisites shall be filed within a week.

5. List this matter in the week commencing from 13th September, 2021.

6. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021.

(D. Dash) Judge

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