Binayak Mahapatra vs Sailabala Mahapatra &
2023 Latest Caselaw 11614 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

               RSA No.340 of 2022 & RSA No.275 of 2022

        Binayak Mahapatra           ....                         Appellant

                                      Mr. Milan Kanungo, Sr. Advocate

                               -versus-
        Sailabala Mahapatra & ....                     Respondents

Others Mr. D. Mohapatra, Advocate for R-1,2,4,5.

Mr.C. Mishra, Adv. for R-6.

CORAM:

                  JUSTICE D.DASH

Order                               ORDER
No.                                25.09.2023
  10.   1.      This matter is taken up through hybrid arrangement
        (virtual/physical) mode.

2. Since both these Appeals arise out of the same judgments and decrees passed by the Courts below, those are taken up together for hearing on admission.

3. Keeping in view the rival case, the Appeal is admitted to answer the following substantial question of law.

"Whether the First Appellate Court after permitting the parties to adduce additional evidence ought to have remanded the suit for its trial and decision afresh and that having not been done whether the decision returned by the First Appellate Court has been adversely impacted?"

// 2 //

4. On consent of Mr. M. Kanungo, learned Senior Counsel for the Appellant, Mr. Dayananda Mohapatra, learned Counsel for the Respondent No.1, 2, 4 & 5 and Mr.Chinmay Mishra, learned Counsel for the Respondent No.6; both the Appeals are heard on merit to answer the above substantial question of law.

5. Hearing is concluded; judgment is reserved.

(D.Dash) Judge

Gitanjali

Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 29-Sep-2023 16:16:54