Prasant Kumar Nayak vs Dr. V. Bhaskar
2025 Latest Caselaw 1272 Ori

Orissa High Court

Prasant Kumar Nayak vs Dr. V. Bhaskar on 15 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  RSA No. 417 of 2023

            Prasant Kumar Nayak             .....                         Appellant

                                                             Mr. P.K. Satpathy, Adv.
                                            -Versus-
            Dr. V. Bhaskar                  .....                       Respondents

                                                             Mr. S.K. Dwivedy, Adv.

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

15.07.2025

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

05.

2. Heard Mr. P.K. Satpathy, 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 question of law.

"Whether both the courts below were correct in quantifying the damages at Rs.300/- per day despite the fact that no evidence was adduced by the plaintiff to justify such claim?."

4. No notice need be issued to the respondent as the respondent has entered appearance through counsel. Copy of the appeal memo be served upon him within three days.

5. Call for the LCR.

6. List this matter in the week commencing 11th August, 2025.

(Sashikanta Mishra) Judge

Order No. 1. Subject to payment of monthly rent of Rs.1,50,000/- (Rupees

06. One Lakh Fifty Thousand) only by the appellant in the Court below without prejudice to the rival claims, the Execution Case No.2 of 2020 pending in the Court of learned Senior Civil Judge, Rourkela shall remain stayed till the next date.

2. Issue urgent certified copy on proper application.

(Sashikanta Mishra) Judge

A.K. Rana