Orissa High Court

Arsu Tudu And Others vs Nilamani Munda And Others on 1 May, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              R.S.A. No.72 of 2024

       Arsu Tudu and others                  .....              Appellants

                                                       Represented by
                                                       Mr. P.K.Satapathy,
                                                       Advocate

                                      -versus-
        Nilamani Munda and others            .....            Respondents

                                                      Represented by None

                                     CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

01.5.2025.

Order No.

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

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

3. Considering the submissions and the grounds raised, the RSA is admitted on the following substantial question of law;

(i) Whether one appeal filed against common judgment and decree in one suit arising out of plaintiff's claim and Defendants Counter claim can operate as

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resjudicata as observed by the learned Appellate Court?

4. L.C.R. be called for.

5. Issue notice to the respondents by Registered Post with A.D. making returnable within four weeks. Requisites shall be filed within three working days.

6. List this matter in the week commencing 8.9.2025.

(Sashikanta Mishra) AKB Judge

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

Location: High Court of Orissa, Cuttack