Sukanya Das & Others vs Mausam Ku. Singh & Others
2021 Latest Caselaw 11103 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             S.A.O. No.6 of 2017


            Sukanya Das & Others                                    Appellants
                                                  ....
                                              Mr.Bhaktahari Mohanty, Advocate
                                                  Mr. D.P. Mohanty, Advocate
                                           -versus-
            Mausam Ku. Singh & Others                 ....          Respondents



                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

29.10.2021 Order No.

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

2. Heard Mr. D.P. Mohanty, learned counsel for the Appellants in the matter of admission. Perused the judgments passed by the courts below.

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

(1) "Whether the First Appellate Court in finally saying that it is required to be decided through the evidence that in fact M.S. Plot No.231 involved in the earlier suit actually relates to the present suit land and the Plaintiffs- Appellants have got the right, title and interest over the suit land and taking that view while remanding the matter, has totally ignored the specific conclusion arrived at by the Trial Court coupled with the admission by the vendors of the

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Defendants in the earlier suit and for that the order of remand cannot be sustained.

4. Issue notice to the Respondent No.1 through process of the Court. Steps be taken by Tuesday (02.11.2021). In that event, notice be issued fixing short returnable date. No notice need be issued to the rest of the Respondents since they are not contesting in the Trial Court nor had filed the written statement as also had not entered appearance before the First Appellate Court.

5. List this matter along with SAO No.5 of 2017 on 24th November, 2021 .

(D. Dash) Judge

H

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