Naga Majhi & Another vs Ranjit Bhue & Others
2021 Latest Caselaw 11683 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            R.S.A. No.351 of 2006


            Naga Majhi & Another                                      Appellants
                                                      ....
                                                       Mr.D.P.Dhal, Sr. Advocate

                                           -versus-
            Ranjit Bhue & Others                      ....            Respondents
                                                           Mr. Trilochan Nanda,
                                                             Advocate (R.1 to 3)



                     CORAM:
                     MR. JUSTICE D.DASH
                                        ORDER

12.11.2021 Order No.

14. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2. Heard Mr.M.K. Agarwal, learned counsel on behalf of learned Senior Counsel, Mr. D.P.Dhal for the Appellants and Mr. Trilochan Nanda, learned counsel, who is on advance appearance for Respondent Nos.1 to 3. Perused the judgments passed by the courts below.

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

"Whether on the face of clear finding that the Plaintiffs have proved their possession over the suit land and the plea of taking possession from the ancestor of the Plaintiffs have not been proved by the Defendants; and having further held that Ext.A, the sale deed in favour of the Defendant Nos.3 to 5 as projected by them as the triumph card is a mere paper transaction and by such deed the ownership of the land has not been conferred with them; it was incumbent upon the First Appellate Court to protect the possession of the Plaintiffs in respect of the suit land till their eviction by following due process of law?"

4. On consent of the learned counsel for the Parties, list this matter on 15th November, 2021.

(D. Dash) Judge Himansu