Abdul Mojahid Khan vs Fayaz Ahmad Khan And Others
2025 Latest Caselaw 6838 Ori

Orissa High Court

Abdul Mojahid Khan vs Fayaz Ahmad Khan And Others on 8 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                             RSA No. 169 of 2021

                        Abdul Mojahid Khan                           ....                    Appellant
                                                                                   Represented by
                                                                           Mr. N. Lenka, Advocate

                                                               -Versus -
                        Fayaz Ahmad Khan and Others                   ....               Respondents

Represented by Mr. J.K. Khuntia, Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 08.04.2025 Order No. 1. This matter is taken up through hybrid mode.

4.

2. Heard Mr. N. Lenka, 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 it was legally necessary for the plaintiff to have claimed the relief of declaration when his title is not in dispute?

ii. Whether the relief of demarcation, granted by the trial court could have been turned down by the 1st Appellate Court only because the plaintiff had claimed declaration of title?

4. No notice need be issued as the respondents have already entered appearance.

5. Call for the LCR.

6. List this matter in the week commencing 21st July, 2025.

Signed by: BHIGAL CHANDRA TUDU Reason: Authentication (Sashikanta Mishra) Location: Orissa High Court, Cuttack Date:B.C. 09-Apr-2025 Tudu 18:52:43 Judge