Sangram Keshari Ota vs Hema Sagar Rana
2024 Latest Caselaw 15333 Ori

Orissa High Court

Sangram Keshari Ota vs Hema Sagar Rana on 1 October, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 97 of 2024

            Sangram Keshari Ota             .....                          Appellant
                                                                     Represented by
                                                        Mr. B. Routray, Sr. Adv. with
                                                                 Mr. S. Sekhar, Adv.
                                             -Versus-
            Hema Sagar Rana                  .....                       Respondent
                                                                       Represented by


                                  CORAM:
                 THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                 ORDER

01.10.2024

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

01.

2. Heard Mr. B. Routray, learned counsel along with Mr. S. Sekhar, learned counsel for the appellant.

3. Perused the impugned judgments. Considering the submissions made and the grounds raised, the second appeal is admitted on the following substantial questions of law.

"(i) Whether the courts below were correct in decreeing the suit of the plaintiff ignoring the evidence adduced by the defendant and considering the same from an erroneous perspective?

(ii) Whether the learned Courts below have adopted an erroneous legal approach in decreeing the plaintiffs suit on the basis of accepting the claim of the plaintiff that he has acquired the title over the Schedule land 'C' vide RSD No. 1958 dated 28.11.2003 and RSD No. 2021 dated 12.12.2003 even though the defendant has specifically pleaded in their Written Statement that defendant no. 3 has purchased a land through RSD No. 2603 dated 31.12.1996 and RSD No. 2452 dated 10.12.1996 and there was no materials produced by the plaintiff

denying such fact?"

4. Issue notice to the respondent by registered post with A.D. returnable within four weeks. Requisites be filed within three working days.

5. Call for the LCR.

4. List this matter in the week commencing 23rd December, 2024.

(Sashikanta Mishra) Judge

Order No. Further proceedings in Execution No. 05/10 of 08-11 pending

02. in the Court of learned Civil Judge (Jr. Division), M. Rampur shall remain stayed till the next date.

(Sashikanta Mishra) Judge A.K. Rana

Designation: PERSONAL ASSISTANT

Location: HIGH COURT OF ORISSA, CUTTACK Date: 01-Oct-2024 20:13:19