Mulla Surya Narayan Pradhan vs Mulla Susila Pradhan
2023 Latest Caselaw 1882 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                               RSA No.293 of 2022

        Mulla Surya Narayan Pradhan                ....              Appellant
                                               Mr. S.R. Mahapatra, Advocate


                                        -Versus-



        Mulla Susila Pradhan                       ....           Respondent
                                           Mr. S.K. Pradhan, Advocate
                   CORAM:
                   MR. JUSTICE R.K. PATTANAIK

                                        ORDER

Order                                 01.03.2023
No.
 04.    1.      Heard learned counsel for the appellant and learned
        counsel for the respondent.

2. The confirming judgments of the learned courts below have been challenged by the appellant whereby the suit stands decreed against him for mesne profit. The suit for recovery possession has also been decreed in favour of the plaintiff.

3. Learned counsel for the appellant submits that the appellant was never in possession of the suit land though he was appointed as a receiver by the trial court by order dated 12th March, 2019. It is further submitted that such appointment of the receiver was objected to by the appellant with a memo filed and but the same was not entertained. It is contended that the appellant was not in possession nor ever has taken custody of the subject matter later to the appointment as a receiver by the trial court and therefore, the decree as well as the appellate court judgment modifying the decree

to the extent and for depositing the mesne profit till the time of his appointment is unjustified.

4. In order to ascertain the factual position as to if the appellant was in possession of subject, the Court is inclined to peruse the LCR.

5. Call for the LCR.

6. Lenard counsel for the appellant files list of date chart and note of submission which are accepted and taken on record.

7. List on 24th March, 2023.

8. Interim order passed by this Court shall remain in force till the next date of listing.

(R.K. Pattanaik) Judge

Tudu