Damuni Randhari And Others vs Sunil Kumar Sahu And Another
2024 Latest Caselaw 16485 Ori

Orissa High Court

Damuni Randhari And Others vs Sunil Kumar Sahu And Another on 11 November, 2024

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  S.A.O No.11 of 2024
            Damuni Randhari and others                 ....              Appellant

                                                   Mr. S. S. Mohapatra, Advocate
                                            -Versus-

            Sunil Kumar Sahu and another               ....           Respondents


                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK
                                         ORDER

11.11.2024 Order No.

01. 1. Heard Mr. Mohapatra, learned counsel for the appellants.

2. Instant appeal is filed by the appellant challenging the impugned judgment dated 4th September, 2024 in R.F.A. No.3 of 2023 by learned District Judge, Nabarangpur, whereby, the decision in C.S. No.48 of 2015 of learned Senior Civil Judge, Nabarangpur was set aside with a remand of the suit on the grounds inter alia that the same is liable to be interfered with and set aside being not in conformity with Order 41 Rules 23 and 24 C.P.C.

3. Mr. Mohapatra, learned counsel for the appellant submits that the grounds necessary for a remand have not been considered by learned lower Appellate Court after receiving additional evidence from respondent No.1. It is the contention that there could not have been an open remand of the appeal, inasmuch as, learned lower Appellate Court has the jurisdiction to the cast issues and to proceed to dispose of the appeal in a similar manner alike a Trial court. Considering the submission of Mr. Mohapatra, learned counsel for the appellants and the grounds advanced, the Court is inclined to issue notice to the respondents.

4. Hence, it is ordered.

5. Notice to the respondents by Registered Post with AD making it returnable at an early date and for the said purpose, requisites shall be filed by Mr. Mohapatra, learned counsel for the appellants by 14th November, 2024.

6. List on 16th December, 2024.

(R.K.Pattanaik) Judge

1. Heard, Mr. Mohapatra, learned counsel for the appellants.

2. Instant petition is filed by the appellants for staying operation of the impugned judgment under Annexure-6 for the reason stated.

3. Awaiting appearance of the respondents and considering the submission of Mr. Mohapatra, learned counsel for the appellants, this Court, as an interim measure, directs that there shall be stay operation of the impugned judgment dated 4th September, 2024 passed in R.F.A. No.3 of 2023 by learned District Judge, Nabarangpur till the next date.

4. List on the date fixed.

5. Urgent copy of this order be issued as per rules.

(R.K.Pattanaik) Judge ROJINA

Designation: Junior Stenographer