Dayan Khan & Others vs Radhakanta Thakur & Other
2023 Latest Caselaw 13837 Ori

                                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                   R.S.A. NO.328 OF 2016
                                   Dayan Khan & Others                     ....           Appellants
                                                                            Mr. D. Sethi, Advocate
                                                                -versus-
                                   Radhakanta Thakur & Other       ....         Respondents,
                                                        Mr. A.C. Mohapatra, Adv.(Caveator).
                                           CORAM:
                                           MR. JUSTICE D.DASH
                                                         ORDER

                   Order No.                            07.11.2023
                        03.        1.        This matter is taken up through hybrid arrangement
                                   (virtual/ physical) mode.

2. Upon hearing Mr.D.Sethi, learned Counsel for the Appellants and Mr.A.C. Mohapatra, learned Counsel for the Respondents (Caveator).

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

"Whether the First Appellate Court on the face of the Consolidation Record of Right, Ext.1 standing in the name of the State is right in granting the decree of permanent injunction in favour of the Plaintiff basing upon its possession having so found from the evidence on record?"

4. On consent of the learned Counsels for the parties, the Appeal is heard on merit to answer the above substantial question of law.

5. Hearing being concluded.

Judgment is reserved.

Signature Not Verified Digitally Signed Signed by: NARAYAN HO Designation: Peresonal Assistant (D. Dash), Reason: Authentication Location: OHC Judge.

Date: 09-Nov-2023 17:23:18 Narayan