Saka Sujit Kumar vs Alamesety Hemalata And Others
2024 Latest Caselaw 16245 Ori

Orissa High Court

Saka Sujit Kumar vs Alamesety Hemalata And Others on 5 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 244 of 2024

            Saka Sujit Kumar                       ....                  Appellant
                                                                Represented by
                                                         Ms. S. Jena, Advocate

                                             -Versus -


            Alamesety Hemalata and Others           ....             Respondents

Represented by Addl. Government Advocate Mr. S.Behera, Advocate (For R. No. 1)

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 05.11.2024

Order No. 1. This matter is taken up through hybrid mode.

4.

2. Heard Ms. S. Jena, 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 judgement and decree passed by the learned appellate court in reversing the judgment and decree of the learned trial court is sustainable in view of the specific bar under section 27 of the Limitation Act?

ii. Whether the judgment of the learned appellate court is tenable when it has been passed in complete

disregard to the provisions under section 42 of the Odisha Survey and Settlement Rules?

iii. Whether the appellate court is justified in passing the judgment without considering section 3 of the limitation Act?

4. Since respondent No.1 has already entered appearance, no notice need be issued to him. Copy of the appeal memo be served upon his counsel.

5. Learned Additional Government Advocate accepts notice on behalf of opposite party Nos. 2, 3 and 4. Adequate copies of the appeal memo be served upon the State Counsel.

6. Issue notice to the other respondents by registered post with A.D. making it returnable within four weeks. Requisites be filed within a week.

7. Call for the LCR.

8. List this matter in the week commencing 13th January, 2024.

(Sashikanta Mishra) Judge

Order No.

5. 1. Issue notice as above.

2. Accept one set up process fee.

3. Status quo with regard to the suit property be maintained till the next date.

(Sashikanta Mishra) Judge

Signed by: BHIGAL CHANDRA TUDU

BC.Authentication Tudu Location: Orissa High Court, Cuttack Date: 06-Nov-2024 20:08:02