Akshaya Kumar Sahoo vs Kathi Behera And Anr
2025 Latest Caselaw 4721 Ori

Orissa High Court

Akshaya Kumar Sahoo vs Kathi Behera And Anr on 6 March, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     RSA No. 94 of 2025

            Akshaya Kumar Sahoo                 .....                              Appellant
                                                                      Mr. P. Das, Advocate
                                                -Versus-
            Kathi Behera and Anr.               .....                           Respondents



                                          CORAM:
                       THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                         ORDER

06.03.2025

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

2. Heard Ms. P. Mohanty, learned counsel for the appellant.

3. Perused the impugned judgments. Considering the submissions made and the grounds raised, the second appeal is admitted on the following substantial questions of law.

"i) Whether the Plaintiff-Appellant is entitled to a decree of declaration of his title; when the Defendant-Respondents never assailed the Registered Sale Deed dated 02.06.1999 (two decades before the institution of the suit) and merely feigned their ignorance to it and by the time the Record of Rights was not only mutated on the basis of the said Sale Deed but, the purchased land was also demarcated following the acquisition of a part of it and payment of compensation thereof to the purchaser, separate payment of rent by the purchaser and added to it the conversion of kissam of the land for its use as homestead?

ii) Whether there is apparent error appreciation of the evidence by the learned First Appellate Court, in observing that there is no proof of dispossession by the Defendant-

Respondents and further construction of shop rooms by the Defendant-Respondents, when the plaint was amended during the pendency of the appeal itself, to introduce subsequent events; for the additional relief?"

4. Issue notice to other respondents by registered post returnable within four weeks. Requisites be filed within three working days.

5. Call for the LCR.

4. List this matter after summer vacation.

                                                      (Sashikanta Mishra)
A.K. Rana                                                    Judge







            Designation: Personal Assistant


            Date: 07-Mar-2025 11:02:12