N. Venkata Ramana vs D. Biranchi Narayan Rao @ Sana
2023 Latest Caselaw 13511 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                          RSA NO.372 OF 2016

            N. Venkata Ramana                     ....            Appellant
                                                Mr.G. N. Mishra, Advocate

                                    -versus-
            D. Biranchi Narayan Rao @ Sana         ....          Respondent



                     CORAM:
                     MR. JUSTICE D.DASH
                                      ORDER

Order No.                            01.11.2023
 01.           1.         This matter is taken up through hybrid arrangement
               (virtual/physical) mode.

2. Upon hearing learned counsel for the Appellant and on going through the judgment passed by the Courts below, the Appeal is admitted to answer the following substantial question of law:-

"When no dispute has been raised by the Defendant as to have sold land measuring Ac. 2.33 cent, although Plaintiff claims to purchased Ac 2.88 decimal cent, whether the First Appellate Court could have gone to say that even the Plaintiff is not entitled to a decree of permanent injunction in respect of Ac 2.33 cent of land when at the same time, the First Appellate Court at the end has not set aside the said decree of permanent injunction passed by the Trial Court in respect of the Ac 2.33 cents against which the Defendant had neither filed an Appeal nor in the Appeal filed by the Plaintiff, had filed the Cross Appeal."

// 2 //

3. Issue notice to the Respondent by registered post with A.D. Steps be taken within a week hence. In that event, notice be issued fixing a short returnable date.

4. List this matter in the week commencing 18th December, 2023.

(D. Dash), Judge.

Gitanjali

Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 03-Nov-2023 17:07:30