Akshaya Kumar Mahala vs Gopal Ch. Sahoo
2025 Latest Caselaw 1508 Ori

Orissa High Court

Akshaya Kumar Mahala vs Gopal Ch. Sahoo on 21 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 3 of 2025

            Akshaya Kumar Mahala                .....                         Appellant

                                                               Mr. Amiya Kumar Mohanty,
                                                                               Advocate
                                            -Versus-
            Gopal Ch. Sahoo                 .....                            Respondent



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

21.07.2025

I.A. No. 65 of 2025 Order No.

03. 1. This matter is taken up through hybrid mode.

2. This is an application for exemption of paying the Court fees on the ground that income of the appellant is less than Rs.1,00.000/-.

3. An income certificate issued by the concerned Revenue Office has been enclosed to the I.A. which reveals that his annual income is Rs.40,000/-.

4. Having regard to the above fact, the I.A. is allowed.

5. The appellant is exempted from paying the Court fees subject to verification of the income certificate by the State Counsel. A copy of the I.A. along with income certificate be supplied to the State Counsel present in Court.

6. I.A. is disposed of.

(Sashikanta Mishra) Judge

Order No. 1. On request of learned counsel for the appellant, the appeal is

04. taken up for admission.

2. Heard Mr. A. 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 question of law.

"Whether the First Appellate Court was correct in dismissing the appeal filed by the appellant on the ground that he was expunged to file written statement before the trial Court.

4. Issue notice to respondent by registered post with A.D., returnable within four weeks. Requisites be filed within a week.

5. Call for the LCR.

4. List this matter in the week commencing 22nd September, 2025.

(Sashikanta Mishra) Judge

Order No. 1. Status quo with regard to the suit property as on dates shall

05. be maintained till the next date.

2. Issue urgent certified copy as per Rules.

(Sashikanta Mishra) Judge A.K. Rana

Location: HIGH COURT OF ORISSA, CUTTACK

Date: 23-Jul-2025 11:51:37