Dandapati Satynarayana Achari vs Ananta Ram Panda And Others
2024 Latest Caselaw 11185 Ori

Orissa High Court

Dandapati Satynarayana Achari vs Ananta Ram Panda And Others on 5 July, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    RSA No. 515 of 2003
            Dandapati Satynarayana Achari           ....                 Appellant
                                                                Represented by
                                                     Mr.S.K. Pradhan, Advocate
                                                -Versus -
            Ananta Ram Panda and Others              ....              Respondents

Mr.M. Mohanty, Advocate (For Respondent No.1)

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 05.07.2024 Order No.

2. 1. This matter is taken up through hybrid mode.

2. Heard Mr. S.K. Pradhan, learned counsel for the appellant. Perused the impugned judgments.

3. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law:-

"i. Whether the learned courts below are correct and justified to place reliance on Ext.5 i.e. village map when it has been prepared without any guarantee of scientific accuracy and thus, has no evidentiary value?

ii. While a right easement is a right in, to or over the property of another and plaintiff having no title over the suit property and his use of the property was permissive, whether the judgments of the learned courts below granting the reliefs on the basis of easement by prescription are sustainable in the eyes of law?

4. Since Mr. M. Mohanty has entered appearance for respondent No.1, no notice need be issued to him.

5. Copy of the appeal memo be served upon him.

6. Issue notice to the other respondents by speed post with A.D. fixing a short returnable date. Requisites be filed within three working days peremptorily.

7. Call for the LCR.

8. List this matter in week commencing 12th August, 2024.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 08-Jul-2024 12:01:28