Rabindranath Das vs Narendra Moharana And Others
2025 Latest Caselaw 6852 Ori

Orissa High Court

Rabindranath Das vs Narendra Moharana And Others on 8 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                             RSA No. 168 of 2017
                        Rabindranath Das                            ....                    Appellant
                                                                                  Represented by
                                                                         Mr. S. Mishra, Advocate

                                                              -Versus -
                        Narendra Moharana and Others                 ....              Respondents

Represented by Ms. D. Mahapatra, Advocate CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 08.04.2025

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

19. 2. Heard Mr. S. Mishra, 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 declaration of right, title and interest is required to be prayed by plaintiff when both parties to the suit admit the title of the plaintiff? ii. Whether the finding of the trial court that the Survey Knowing Commissioner was over interested is without any basis?

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 5th May, 2025 for hearing.

7. Interim order passed earlier shall continue till the next date.

Signed by: BHIGAL CHANDRA TUDU Reason: Authentication (Sashikanta Mishra) Location: Orissa High Court, Cuttack Date:B.C. 11-Apr-2025 Tudu 10:32:57 Judge