Uttam Patra And Others vs Saraswati Mohanty And Others
2022 Latest Caselaw 172 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    RSA Nos.77 & 78 of 2020

            Uttam Patra and others                      ....          Appellant
                                                             (In both the appeals)
                                    Mr.Manoj Kumar Mohanty, Advocate
                                     -versus-
            Saraswati Mohanty and others        ....     Respondents
                                                             (In both the appeals)


                         CORAM:
                         JUSTICE B. P. ROUTRAY
                                         ORDER

07.01.2022 Order No.

04. 1. Both the appeals arise out of a common judgment.

2. Heard Mr.Mohanty, learned counsel for the Appellant.

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

"(i) Whether the judgment and decree passed by the First Appellate Court against deceased-Respondent No.1 is a nullity ?

(ii) Whether non-consideration of the sale deeds under Exts. J & K by the First Appellate Court would be against the principles under Section 90 of the Indian Evidence Act ?

(iii) Whether settlement of the suit land in favour of the Plaintiffs under the OEA Act and the rent fixation order under Ext.4 as relied by the First Appellate Court is inadmissible in evidence for lack of adequate pleadings to that effect ?"

4. Issue notice to the Respondents by registered post with A.D. for which requisites shall be filed within seven days.

5. List on 25th April, 2022.

I.A.No.74 of 2021

6. As an interim, it is directed that there shall be stay of operation of judgment and decree dated 7th November, 2019 passed by the learned 2nd Additional District Judge, Balasore in R.F.A.No.99/87 of 2013/2010 till 25th April, 2022.

7. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

C..R.Biswal