Santosh Sahu@ Santosh Kumar Sahu vs Bisakha Sahu & Others .... Opposite ...
2025 Latest Caselaw 3025 Ori

Orissa High Court

Santosh Sahu@ Santosh Kumar Sahu vs Bisakha Sahu & Others .... Opposite ... on 28 January, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CMP No.1468 of 2024

            Santosh Sahu@ Santosh Kumar Sahu           ....                Petitioner
                                           Mr. Goutam Mishra, Senior Advocate

                                           -Versus-

            Bisakha Sahu & others                      ....         Opposite Parties
                                                                             None

                          CORAM:
                          MR. JUSTICE R.K. PATTANAIK

                                         ORDER

28.01.2025 Order No.

01. 1. Heard Mr. Mishra, learned Senior Advocate for the petitioner.

2. Instant writ petition is filed by the petitioner challenging the impugned judgment dated 3rd October, 2024 passed in connection with F.A.O No.01 of 2020 under Annexure-1 by the learned Additional District Judge, Titilagarh on the grounds stated therein.

3. Mr. Mishra, learned Senior Advocate appearing for the petitioner submits that the order in I.A. No. 11 of 2020 arising out of C.S. No. 25 of 2020 as per Annexure-2 was confirmed in the appeal vide Annexure-1 denying the petitioner the right to make construction in respect of the residential house standing over the suit land, which is permissible in view of the settled law and while claiming so, he cited a decision of the Apex Court in K.M. Pratap Vs. K.M. Gourish & another reported in (2017) 11 SCC 103.

4. Considering such submission and since, the petitioner demands for construction of residential house without claiming any equity, the Court is inclined to issue notice to the opposite parties, as it has been denied by both the learned Courts below.

5. Hence, it is ordered.

6. Notice to the opposite parties by Registered Post with AD making it returnable at an early date and for the said purpose, requisites shall be filed by learned counsel for the petitioner within next three working days positively.

7. List on 18th February, 2025 for orders

(R.K. Pattanaik) Judge

02. 1. Notice as above.

2. List on the date fixed for peremptory hearing and orders. It is directed that hearing of the I.A. shall be taken up on the date fixed positively on appearance of the other side.

(R.K. Pattanaik) Judge

Balaram

Designation: Personal Assistant