Suryakanti Naik @ vs Aswini Kumar Naik &
2023 Latest Caselaw 14768 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             RSA NO.303 OF 2023,
                             RSA NO.305 OF 2023
                             RSA NO.306 OF 2023
                             RSA NO.187 OF 2023
                             RSA NO.188 OF 2023
                                   AND
                             RSA NO.189 OF 2023
            Suryakanti Naik @          ....                      Appellant
            Patel
                                               Mr. M. Mohanty, Advocates

                                        -versus-
            Aswini Kumar Naik &        ....                   Respondents
            Another


                     CORAM:
                     MR. JUSTICE D.DASH
                                        ORDER

16.11.2023 Order No.

01. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. This Second Appeal and two other Second Appeals i.e. RSA Nos. 305 and 306 of 2023 have been filed by the Defendant No.2 in Civil Suit no.85 of 2004, the decision wherein has also given rise to three other Second Appeals i.e. RSA Nos. 187, 188 and 189 of 2023.

The above three Second Appeals have already been admitted on 18.05.2023 framing the substantial questions of law. In the said Appeals, the Respondents, who are the Defendant No.1 and 2 in the Trial Court, have already entered

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appearance through their counsels. It be stated here that challenging the judgment and decree passed in civil suit no.85 of 2004, the Appellant of the Second Appeal of No.303, 305 and 306 of 2023; the Appellant of Second Appeal No.187, 188 and 189 of 2023 and the Respondent No.1 of the Second Appeal No.187, 188 and 189 of 2023, who is the Respondent No.2 in the Second Appeal No.303, 305 and 306 of 2023 and was the Defendant No.1 before the Trial Court had carried in total six First Appeals, which have been disposed of by the First Appellate Court by the common judgment followed by the decrees and hence now all these above six Second Appeals as described above are before this Court.

3. In the above state of affair, when RSA Nos. 187, 188, 189 of 2023 have been admitted by framing the substantial questions of law to be answered, learned counsel for the parties (Plaintiff, Defendant No.1 and Defendant No.2) submit that those are the three substantial questions of law which would stand to be answered in all these six Second Appeals and, therefore, all these Appeals be taken up together for hearing for their disposal by common judgment. It is also submitted that since all the parties have entered appearance in the first set of Second Appeals i.e. RSA Nos.187, 188 and 189 of 2023 through their learned counsels, the same be taken to be the appearance on behalf by the respective parties in these three new Second Appeals i.e. RSA Nos. 303, 305 and 306 of 2023.

4. Submission being accepted, Mr. M. Mohanty, learned counsel for the Appellant in RSA No.303, 305 & 306 of 2023 submits that he would be serving the copies of the

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Memorandum of Appeals upon the learned counsel for the Plaintiff and Defendant No.1 by tomorrow.

5. Keeping in view the submissions as above, now all these Second Appeals being ready for hearing, on consent of the learned counsel for the parties, list this matter in the week commencing 8th January, 2024.

Interim order dated 15.05.2023 in RSA No.187 of 2023 shall continue till then.

(D. Dash), Judge.

Gitanjali

Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 20-Nov-2023 18:07:28