Trilochan Parida & Others vs Natabar Pradhan & Others
2023 Latest Caselaw 12389 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              R.S.A. NO. 384 OF 2022

            Trilochan Parida & Others               ....           Appellants
                                                    Mr.P.R. Barik, Advocate
                                    -versus-
            Natabar Pradhan & Others                ....          Respondents
                                                                      -------
                      CORAM:
                      MR. JUSTICE D.DASH
                                     ORDER

Order No.                           11.10.2023
   03.      1.      This matter is taken up through hybrid arrangement
            (virtual/physical) mode.

2. Heard learned Counsel for the Appellants and on going through the judgments passed by the Courts below, the Appeal is admitted to answer the following substantial questions of law:-

1) Whether the First Appellate Court having dismissed the counter claim filed by the Defendant Nos. 5 to 7 was illegally justified in also dismissing the suit filed by the Plaintiffs?

2) Whether the Courts below are right in arriving at a conclusion that the Plaintiffs have failed to establish the right, title and interest over the suit land even though they have proved the registered sale-deed dated 03.05.1930 which very much carry the legal presumptions under section-90 of the Evidence Act, when it the fact also stands that the same has never faced any challenge from any quarter for all these years?

// 2 //

3. Issue notice to the Respondents by Registered Post with AD. Steps be taken within a week hence. In that event, notice be issued fixing a short returnable date.

4. The matter be listed immediately after service of notice upon the Respondents.

(D. Dash), Judge.

Narayan

Signature Not Verified Digitally Signed Signed by: NARAYAN HO Designation: Peresonal Assistant Reason: Authentication Location: OHC Date: 17-Oct-2023 16:17:24