Gayatri Sahu vs Dr. Patitapabana Panigrahi And
2025 Latest Caselaw 740 Ori

Orissa High Court

Gayatri Sahu vs Dr. Patitapabana Panigrahi And on 1 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 103 of 2024

            Gayatri Sahu                          ....                 Appellant
                                                             Represented by
                                                   Mr. M. Mohanty, Advocate

                                             -Versus -


            Dr. Patitapabana Panigrahi and         ....                Respondents

others Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 01.07.2025 Order No.

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

2. Heard Mr. M. Mohanty, learned counsel for the appellant. Perused the impugned judgments.

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

i. Whether in absence of any pleading or proof, the learned lower Appellate Court is justified to hold that mutation orders passed by the Tahasildar, Kanisi are improper and whether such finding is illegal and contrary to the materials available in the record?

ii. Whether the 1st Appellate Court was correct in deciding the appeal without complying with the provisions under Order 41 Rule 31 of CPC.

iii. Whether the 1st Appellate Court while reversing the judgment and decree was correct in not giving specific finding under each issue?

4. Issue notice to the respondent by registered post with A.D. making it returnable within four weeks. Requisites be filed within ten working days.

5. Call for the LCR.

6. List this matter in the month of December, 2025.

(Sashikanta Mishra) Judge

BC. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 03-Jul-2025 10:57:15