Sri Bharat Chandra Nayak vs Sri Shyam Sundar Behera
2023 Latest Caselaw 3011 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No.73 of 2023

            Sri Bharat Chandra Nayak                  ....          Appellant
                                                    Mr. B. Bhuyan, Advocate
                                         -versus-
            Sri Shyam Sundar Behera                       ....      Respondent


                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

06.04.2023 Order No.

01. 1. Heard Mr. B. Bhuyan, learned counsel for the Appellant.

2. The appeal is admitted on the following substantial question of law.

"Whether impugned judgments of both the courts below are bad for non-framing of specific issue on the readiness and willingness of the Plaintiff to perform the contract ?"

3. Issue notice to the Respondent by Registered Post with A.D. fixing a short returnable date. Requisites shall be filed within a week.

4. List this matter on 16th November, 2023.

I.A. No.179 of 2023

5. As an interim, it is directed that there shall be stay of further proceeding in Execution Proceeding No.06/2009 pending in the court of learned Civil Judge (Jr. Divn.), Bhadrak till 16th November, 2023.

6. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik