Ratan Kumar Das vs State Of Odisha & Others
2025 Latest Caselaw 11659 Ori

Orissa High Court

Ratan Kumar Das vs State Of Odisha & Others on 23 December, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 33 of 2024

            Ratan Kumar Das                  .....                             Appellant
                                                                  Mr. D.P. Mohanty, Adv.
                                            -Versus-
            State of Odisha & Others        .....                           Respondents


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

23.12.2025

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

2.

2. Heard Mr. D.P. Mohanty, 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 finding of the First Appellate Court regarding absence of pleading and evidence on adverse possession by the plaintiff is perverse?

(ii) When the learned Lower Appellate Court under Issue No.4 regarding maintainability of the suit confirming the finding of the learned Trial Court was correct in reversing the finding under Issue No. 11 regarding initiation of Eviction proceeding by the Tahasildar, Nilgiri in L.E. Case No. 1175/05?

(iii) The suit being one for declaration of title of the Plaintiff himself, without any reference to any communal rights of any villagers in respect of the suit property, merely because the nature of the property is reflected as 'Gochar' in record of rights, whether the learned lower appellate court is correct in finding that the Plaintiff was supposed to make compliance of the mandatory provisions under Order I, Rule 8 of CPC by giving

opportunity to the villagers to have their say in the suit?

4. Issue notice to the respondents by speed post, returnable within four weeks. Requisites shall be filed within three working days.

5. Call for the LCR.

6. List this matter for hearing in the month of July, 2026.

(Sashikanta Mishra) Judge

Order No. 1. Status quo with regard to the suit property as on date shall be 3 maintained by both the parties till the next date.

2. Issue urgent certified copy on proper application.

                                                               (Sashikanta Mishra)
 A.K. Rana                                                            Judge

Location: HIGH COURT OF ORISSA, CUTTACK Date: 24-Dec-2025 17:21:06