Naba Kishore Kar vs Gagan Bihari Patra & Ors
2025 Latest Caselaw 7361 Ori

Citation : 2025 Latest Caselaw 7361 Ori
Judgement Date : 22 April, 2025

Orissa High Court

Naba Kishore Kar vs Gagan Bihari Patra & Ors on 22 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 200 of 2017

            Naba Kishore Kar                 .....                           Appellant

                                                          Mr. S.K. Mishra, Sr. Advocate
                                                                with Ms. S. Sahoo, Adv.
                                             -Versus-
            Gagan Bihari Patra & Ors.        .....                        Respondents

                                                                     Mr. S. Dash, Adv.

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

22.04.2025

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

10.

2. Heard Shri S.K. Mishra, learned Senior Counsel with Ms. S. Sahoo, learned counsel for the appellants. Perused the impugned judgments. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law:-

i) Whether the suit for permanent injunction and mandatory injunction is maintainable in absence of any prayer for right, title and interest?

ii) Whether the learned lower appellate Court is justified in rejecting the petition under Order 26 Rule 9 CPC for deputation of Survey Knowing Commissioner to identify the suit plot specially when there is dispute with regard to identification of the suit land?

3. Issue notice to the respondents by registered post with AD, returnable within four weeks. Requisites shall be filed within three working days.

4. List in the week commencing 21st July, 2025.

(Sashikanta Mishra) Judge

Order No.

11.

1. Issue notice as above.

2. Accept one set of process fee.

3. Further proceeding in Execution Case No. 02 of 2015 pending on the file of learned Civil Judge (Senior Division), Rourkela shall remain stayed till the next date.

4. Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge

GDS

Designation: JOINT REGISTRAR-CUM-PRINCIPAL