Orissa High Court

Basanti Nanda vs Sujata Mohapatra on 1 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    R.S.A. No.454 of 2023
            Basanti Nanda                                 ......        Appellant
                                                                   Represented by
                                                      Mr. S.K.Mishra, Sr.Advocate
                                                        Mr.S.Paltasingh, Advocate

                                              -Versus-
            Sujata Mohapatra                                ....       Respondent
                                                                   Represented by
                                                                            None
                    CORAM:
                          JUSTICE SASHIKANTA MISHRA

                                         ORDER

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

04.

2. Notice on the respondent is held sufficient in view of his refusal of notice.

3. Heard Mr. S.K.Mishra, learned Senior Advocate appearing for the appellant.

4. Perused the impugned judgments.

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

"I) Whether the learned Courts below were correct in not accepting the boundary description of the property as mentioned in the sale deed for want of correction of the sale deed ?

II) Whether both the Courts below were correct in holding that the plaintiff had no cause of action to file the suit ?

III) Whether the First Appellate Court was correct in holding that the suit was bad for non-impletion of boundary tenant and the vendor of the plaintiff as parties to the suit ?

6. Call for the L.C.R.

7. List this matter for hearing in the week commencing 13th October, 2025.

(Sashikanta Mishra) Judge Manoj