Orissa High Court

Bidyutprava Pradhan And vs Amit Kumar Jhunjhunwala on 7 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              R.S.A. No.555 of 2023

       Bidyutprava Pradhan and               .....                      Appellants
       others

                                                      Represented by
                                                      Mr.P.K.Mohapatra,
                                                      Advocate

                                      -versus-
       Amit Kumar Jhunjhunwala              .....                     Respondents
       and others

                                                      Represented by None

                                    CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

07.7.2025.

Order No.

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

2. The defects are said to have been removed. As requested by learned counsel for the appellants, the matter is taken up for hearing.

3. Heard Mr. P.K.Mohapatra, learned counsel for the appellants, on the question of admission. Perused the judgments passed by the lower appellate Court as well as the trial Court.

// 2 //

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

(i) Whether the suit is maintainable, when the description of the suit shop room with its area and boundary is wrong in view of the provision contained under Order- VII, Rule- 3 of C.P.C. ?

(ii) Whether the substituted legal heirs can by way of amendment change the pleadings of the plaint in contrary to the averments made in the notice, issued by the original plaintiff under Section 106 of the T.P Act and in that view of the matter does any cause of action survive to them to proceed with the suit ?

(iii) Whether the decree is executable when there is no proper identification of the suit shop room/property in the decree?

5. Call for the L.C.R.

6. Issue notice to the Respondents by Registered Post with A.D. making it returnable within four weeks. Requisites be filed within three working days.

// 3 //

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

(Sashikanta Mishra) AKB Judge

02. 1. Issue notice as above. Accept one set of process fee.

2. As an interim measure, it is directed that further proceeding in Execution Case No.4/2021 pending in the Court of learned Civil Judge (SR & LTV), Angul shall remain stayed till the next date.

3. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge

Designation: A.D.R.-cum-Addl. Principal Secretary

Location: High Court of Orissa, Cuttack