Ghanashyam Hemalata vs Dhruba Chandra Pattnaik And
2023 Latest Caselaw 2938 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                RSA No. 8 of 2015

            Ghanashyam Hemalata                   ....                   Appellant


                                                       Mr. Ramakanta Mohanty,
                                                  Sr. Advocate along with Ms. S.
                                                             Mohanty, Advocate
                                             -Versus -
            Dhruba Chandra Pattnaik and            .......            Respondents

another Mr. Dillip.Ku. Pradhan, Advocate Respondent Nos. 1 and 2)

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 06.04.2023 Order No.

10. 1. This matter is taken up through hybrid mode.

2. Heard Mr. R. K. Mohanty, learned Senior Counsel with Ms. Sumitra Mohanty, learned counsel for the appellant.

3. Considering the submission of Mr. Mohanty and perusal of the impugned judgment passed by the trial court as well as the First Appellate Court, the appeal is admitted on the following substantial question of law.

ii) Whether the learned courts below were correct in dismissing the plaintiff/appellant's claim over suit Sabik Plots 42 and 43 on the ground that the same are not covered under the sale deeds (Ext.1 to 3) when the suit property acquired through such sale deeds has been described by boundaries, which in law prevails over the description through Plot numbers?

4. Since the respondents have already entered appearance, no notice need be issued to them.

5. Both sides have filed written notes of submission. The same be kept on record.

6. List this matter on 18th May, 2023.

(Sashikanta Mishra) Judge Misc. Case No. 10 of 2015

Order No.

11. 1. Status quo as on date with regard to the schedule property be maintained till the next date.

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

(Sashikanta Mishra) Judge

B.C Tudu