Orissa High Court

Phuljens Bada vs Anil Kumar Lakra & Others on 1 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    R.S.A. No.558 of 2023
            Phuljens Bada                               ......        Appellant
                                                                 Represented by
                                                         Mr. S.Mantry, Advocate
                                          -Versus-
            Anil Kumar Lakra & others                       ....      Respondents
                                                                   Represented by

                    CORAM:
                          JUSTICE SASHIKANTA MISHRA
                                         ORDER

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

01.

2. Heard Mr. S.Mantry, learned counsel for the appellant.

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 judgment and decree of the learned lower Appellate Court is sustainable in law who allowed the prayer of permanent injunction while declining to grant decree for right, title and interest ?

II) Whether the finding of possession by the learned Appellate Court basing on the observation made in Civil Suit relating to joint title of plaintiff and defendant no.1 filed for only permanent injunction by the plaintiff which was dismissed ?

III) Whether the finding of the learned lower Appellate Court below that the plaintiff in possession over the suit land taking into consideration of the entry made in remark column of the R.O.R. and the previous encroachment case and non-consideration of subsequent encroachment case in the name of defendant no.1 is liable to be set aside ?"

5. Issue notice to the respondents by registered Post with A.D. making it returnable within four weeks. Requisites be filed within

a week.

6. Call for the L.C.R.

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

(Sashikanta Mishra) Judge Manoj