Md. Hasib vs Sk. Salim
2024 Latest Caselaw 16328 Ori

Orissa High Court

Md. Hasib vs Sk. Salim on 6 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    RSA No. 133 of 2022

            Md. Hasib                               ....                  Appellant
                                                                 Represented by
                                                       Mr. A. Sarangi, Advocate

                                               -Versus -


            Sk. Salim                                ....                Respondent

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 06.11.2024

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

1.

2. Heard Mr. A. Sarangi, 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 1st Appellate Court is correct in holding that despite passing of the common decree by the trial court in relation to the suit of the plaintiff and the counter claim filed by the defendants, the defendants could not have preferred only one appeal challenging the said decree?

ii. Whether the learned lower appellate court was correct in dismissing the first appeal filed by the present appellant being barred by res judicata in the facts and circumstances of the present case?"

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

5. Call for the LCR.

6. List this matter in the week commencing 6th January, 2024 under the heading "Hearing".

(Sashikanta Mishra) Judge

Order No.

2. 1. Further proceeding in Execution Case No. 4 of 2021 pending in the court of learned Civil Judge, Rairangpur shall remain stayed till the next date.

2. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge

BC. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 08-Nov-2024 08:44:37