Regulated Market Committee & vs Nrusingha Charan Sahoo & Others
2023 Latest Caselaw 1510 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              R.S.A. No.356 of 2022

            Regulated Market Committee &                              Appellants
            Another                                 ....
                                                    Mr.S.P. Mishra, Sr. Advocate
                                     -versus-
            Nrusingha Charan Sahoo & Others ....                      Respondents


                     CORAM:
                     MR. JUSTICE D.DASH
                                        ORDER

Order No.                              17.02.2023
   01.      1.      This matter is taken up through hybrid arrangement
            (virtual/physical mode).

2. Heard Mr. S.P. Mishra, learned Senior Counsel for the Appellant in the matter of admission of this Appeal.

Perused the judgments passed by the courts below.

3. The Appeal is admitted to answer the following substantial questions of law:

"(a) Whether the First Appellate Court is justified in decreeing the suit filed by the Respondents (Plaintiffs) by reversing the findings of the Trial Court without addressing the issue as to non-identification of Ac.0.44 dec. of land under Hal Plot No.357 and without examining as to if the suit suffers for non-compliance of mandatory provision of Order-7 Rule-3 of the Code?

(b) Whether the First Appellate Court in decreeing the suit has committed grave error by overlooking the legal position that on the rival case of the parties the

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simple suit for permanent injunction filed by these Respondents is not maintainable?

4. Issue notice to the Respondents by Registered Post with A.D. Steps be taken within a week. In that event notice be issued fixing a short returnable date.

5. List this matter in the week commencing 17th April, 2023.

                                                            (D. Dash)
                                                              Judge


                                         ORDER
                                        17.02.2023
  Order No.                        I.A. No.1278 of 2022
      02.     1.      This matter is taken up through hybrid arrangement
              (virtual/physical mode).

              2.      Heard.

3. Issue notice as above. Accept one set of process fee.

4. As an interim, it is directed that the operation of the judgment and decree passed by the learned Additional District Judge, Jagatsinghpur in R.F.A. No.25 of 2019 shall remain stayed until further orders.

5. Issue urgent certified copy as per rules.

(D. Dash) Judge

Himansu

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