Jagat Ram Mohanta & Another vs Chhatish Kumar Mohanta &
2023 Latest Caselaw 12638 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              R.S.A. No.421 of 2023

            Jagat Ram Mohanta & Another                              Appellants
                                              ....
                                       Mr.Rashmikanta Mahalik, Advocate
                                     -versus-
            Chhatish Kumar Mohanta &          ....           Respondents
            Another
                    CORAM:
                     MR. JUSTICE D.DASH

                                      ORDER

13.12.2023 Order No. I.A. No.1168 of 2023

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

2. Heard.

3. This application has been filed for dispensing with filing of certified copy of the Trial Court judgment dated 05.11.2022 and 18.11.2022 passed by the learned Senior Civil Judge, Baripada in C.S. No.343 of 2021.

4. Considering the submissions made, filing of certified copy of the judgment is dispensed with for the time being.

5. The I.A. is accordingly disposed of.

(D. Dash), Judge.

                                        ORDER
Order No.                              13.12.2023
   02.      1.      Heard learned counsel for the Appellants in the matter

of admission of this Appeal.

// 2 //

Perused the judgments passed by the courts below.

2. The Appeal is admitted to answer the following substantial questions of law:

(i) " Whether the courts below in view of the rival pleadings have erred in law by framing the issue as regards the partiability of land instead of framing it regarding the prior partition?

(ii) Whether the courts below in view of the rival pleadings instead of placing the burden of proving the factum of prior partition upon the Defendants having placed the same burden of proof upon the Plaintiff that there was never any partition have committed the error both in law and fact?

(iii) Whether the finding of the courts below that there being prior partition, the present suit for partition is not maintainable is the outcome of perverse appreciation of evidence on record and based on erroneous view point of law?"

4. Issue notice to the Respondents by Registered Post with A.D. Steps be taken within a week. In that event notice be issued fixing a short returnable date.

5. List this matter in the week commencing 28th November, 2023.

(D. Dash) Judge.

                                                        // 3 //




                                                   ORDER
                                                  13.10.2023
          Order No.                          I.A. No.1169 of 2023
                03.   1.         Heard.

2. Issue notice as above. Accept one set of process fee.

(D. Dash) Judge

Himansu

Signature Not Verified Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 17-Oct-2023 10:41:37