Basanti Kumari Panda And vs Bhagirathi Sethi And Others
2025 Latest Caselaw 6844 Ori

Orissa High Court

Basanti Kumari Panda And vs Bhagirathi Sethi And Others on 8 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 473 of 2006


            Basanti Kumari Panda and                ....                   Appellants
            Others
                                                               Represented by
                                                     Mr. C.R. Nanda, Advocate


                                              -Versus -
            Bhagirathi Sethi and Others              ....              Respondents

Represented by Mr. B. Mishra, Advocate

CORAM:

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

11.

2. Heard Mr. C.R. Nanda, learned counsel for the appellants. 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 obligatory on the part of the plaintiff- appellant to have claimed declaration of title on the face of his title being finally declared by the consolidation authorities? ii. Whether the civil courts have jurisdiction to sit on appeal over the order passed by the consolidation authorities?

4. No notice need be issued to respondent Nos. 1 and 2 as they have already entered appearance through Mr. B. Mishra,

5. Issue notice to the respondent No. 3 by registered post with A.D. making it returnable within four weeks. Requisites be filed

within three working days.

6. LCR is already called for and available on record.

7. List this matter in the week commencing 12th May, 2025 for hearing.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 09-Apr-2025 18:52:43