Manjulata Satapathy vs Nimai Charan Mohanty
2025 Latest Caselaw 4927 Ori

Orissa High Court

Manjulata Satapathy vs Nimai Charan Mohanty on 12 March, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 244 of 2013

            Manjulata Satapathy              .....                           Appellant

                                                             Mr. B. Baug, Sr. Adv. with
                                                                  Mr. D.K. Sahoo. Adv.
                                             -Versus-
            Nimai Charan Mohanty             .....                         Respondent

                                                           Mr. B. Bhuyan, Sr. Adv. with
                                                                    Ms. S. Sujata , Adv.

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

12.03.2025

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

2. Heard Mr.B. Baug, learned Senior Counsel with Mr. D.K. Sahoo, 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 question of law.

"(i). Whether the second appeal preferred by the defendant No.1 is maintainable, he not having challenged the dismissal of the counter claim filed by her before the first appellate Court.

(ii) Whether the findings of the Courts below in respect of the identity of the land is perverse."

4. No notice need be issued as the respondent has entered appearance though Ms. S. Sujata, Advocate.

5. Call for the LCR.

4. List this matter in the week commencing 21st April, 2025.

5. Interim order passed earlier shall continue till the next date.

(Sashikanta Mishra) Judge

A.K. Rana

Designation: Personal Assistant

Date: 13-Mar-2025 12:30:07