Betikhai Rout vs Basanti Patel & Ors
2023 Latest Caselaw 8423 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 126 of 2011

            Betikhai Rout                          ....              Appellant
                                                   Mr. Maheswar Mohanty, Adv.
                                             - Versus -
            Basanti Patel & Ors.                   ....                Respondents

M. T. Nanda, Adv.

Mr. D.K. Panda, Adv.

Mr. T.K. Mishra, Adv.

Mr. A. Sahoo, Adv.

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 02.08.2023

Order No. 1. This matter is taken up through hybrid mode.

21. 2. Learned counsel for the appellant has filed receipt showing payment of cost of Rs.2,500/- each to the counsel for respondent Nos. 1, 3, 4, 5 & 6 and further Rs.2,000/- to the counsel for respondent Nos. 2(a) to 2(f).

3. Heard Mr. M. Mohanty, learned counsel for the appellant.

4. Perused the impugned judgment. Considering the submissions, the appeal is admitted on the following substantial questions of law.

A. Whether the learned District Judge erred in law in not considering the provisions of section 42 of the Survey and Settlement Act in its true perspective and wrongly held the suit as maintainable.

B. Whether the learned District Judge on misconception of both fact and law wrongly held the suit as maintainable when the suit had not been filed within twelve years from the date of final publication of the Record of Rights for suit Schedule 'A' and 'B' properties. C. Whether in view of the fact that the Record of Right stood

recorded jointly even beyond the statutory period of 12 years without being questioned in any court of law to the

(plaintiffs) would amount to estoppel and acquiescence to file the suit after lapse of a period of about 30 years. D. Whether the judgment of the First Appellate Court can be treated as being in conformity with the provision under Order 41 Rule 31 of C.P.C. is mandatory.

5. Call for the LCR.

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

7. Mr. Maheswar Mohanty, learned counsel for the appellant is directed to serve copies of the appeal memo on all the respondents.

8. List this matter after receipt of L.C.R.

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

(Sashikanta Mishra) Judge

A.K. Rana

Signature Not Verified Digitally Signed Signed by: AJAYA KUMAR RANA Designation: Personal Assistant Reason: Authentication

Date: 03-Aug-2023 18:19:04