Orissa High Court

Kanchan Lata Nayak & Others vs Laxmidhar Nayak on 1 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     R.S.A. No.30 of 2023
            Kanchan Lata Nayak & others                   ......       Appellants
                                                                   Represented by
                                                      Mr. P.K.Satapathy, Advocate
                                           -Versus-
            Laxmidhar Nayak                                 ....       Respondent
                                                                   Represented by
                                                                    Mr.S.P.Dash,
                                                                        Advocate

                    CORAM:
                          JUSTICE SASHIKANTA MISHRA
                                         ORDER

01.07.2025 Order No. 1. This matter is taken up through hybrid mode.

01.

2. Heard Mr. P.K.Satapathy, learned counsel for the appellants.

3. Perused the impugned judgments.

4. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law.

"I) Whether the Courts below are correct in not framing the issue of limitation in filing the suit when the defendant raised the suit is time barred as per the provisions of O.S.S. Act ?

II) Whether challenge to the entry made in the settlement R.O.R. published on 01.04.1982 and sought to be declared as illegal in the year in the suit is within limitation, particularly when the prescribed limitation period is only one year for filing the suit ?

III) Whether the suit for permanent injunction in the given facts of the parties is maintainable in absence of declaration of right, title and interest over the suit land and recovery of possession ?

IV) Whether both the Courts below are correct in dismissing the plaintiff's counter claim without appreciating evidence available on record when the defendant established his

possession over the suit land is more than 22 years till the date of filing of the suit and his right over the property has been perfected by principles of adverse possession ?"

5. No notice need be issued as the respondent has already entered appearance through Mr.S.P.Dash, learned counsel. Let a copy of the Appeal Memo be served on him.

6. Call for the L.C.R.

7. List this matter for hearing in the month of December, 2025.

(Sashikanta Mishra) Judge Manoj