Manoranjan Mohapatra vs Smt. Santwana Mohanta And
2024 Latest Caselaw 15313 Ori

Orissa High Court

Manoranjan Mohapatra vs Smt. Santwana Mohanta And on 1 October, 2024

         IN THE HIGH COURT OF ORISSA AT CUTTACK
                           S.A. No.141 of 1995

 Manoranjan Mohapatra                           .....         Appellant(s)
                                                                  Represented By
                                                        Mr. A. Tripathy, Advocate
                                                        appearing on behalf of Mr.
                                                             C.A. Rao, Advocate
                                    -versus-
 Smt. Santwana Mohanta and                     .....          Respondent(s)
 others
                                                                    Represented By
                                                                             None
                                 CORAM:
  THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA
                                          ORDER

Order No.                                01.10.2024
                                  Misc. Case No.25 of 2016
   16.      1.     This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. This Misc. Case under Order-39, Rules-1 and 2 of the C.P.C. Order-39 for temporary injunction was filed by the appellant at the time of filing of this 2nd appeal.

3. Till yet since the year 2016, no order for temporary injunction has been passed. So, due to passage of time, it is felt that, the petitioner has no urgency to press this Misc. Case. Hence, this Misc. Case No.25 is dismissed due to lack of urgency on part of the petitioner/appellant.

4. Accordingly, the Misc. Case No.25 of 2016 is disposed for finally.

( A.C. Behera ) Judge

17. 1. Heard this 2nd appeal for formulation of specific substantial

questions of law.

2. After hearing from the learned counsel for the appellant, it is felt proper for formulation of the following substantial questions of law, i.e.,:-

(i) Whether the findings and observations made by the 1st appellate court in reversing the judgment and decree of the trial court on the ground of non-delivery of possession of the suit properties after execution of the sale deed vide Ext.1, the title of the suit properties was not passed from the vendor to the vendee of the said sale deed vide Ext.1?

(ii) Whether the judgment and decree passed by the 1st appellate court in dismissing the suit of the plaintiff, when the RoR of the suit properties is in the name of the plaintiff and when the defendants have not disputed the said RoR of the suit property in the name of the plaintiff is sustainable under law?

3. List this appeal on 04.11.2024.

( A.C. Behera ) Judge Jagabandhu

Designation: Personal Assistant