Orissa High Court

Sridhar Rout vs Shantilata Rout & Others on 13 May, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       RSA No.56 of 2022

            Sridhar Rout                                      ....           Appellant
                                                                      Represented by
                                                             Mr. G. Mishra, Advocate

                                            - Versus -

            Shantilata Rout & Others                            ....      Respondents
                                                                      Represented by
                                                             Ms. M. Mishra, Advocate

                  CORAM:
                       JUSTICE SASHIKANTA MISHRA

                                               ORDER

13.05.2025 Order No.

09. 1. This matter is taken up through hybrid mode. . 2. Defects are stated to have been removed on the request of the learned counsel for the appellant. The matter is taken up for admission as requested by him.

3. Heard Mr. G. Mishra, learned counsel for the appellant.

4. Perused the impugned judgment. Considering the submissions and the grounds raised, the second appeal is admitted on the substantial questions of law.

"(i) Whether the findings of the Courts below with regard to right, title, interest of Purna, the predecessors of the plaintiffs, over the suit land, a vast Govt. land to the exclusion of the defendant, are perverse, being contrary to the documentary evidence Exhibit-A to D and the oral evidence of P.W.1, almost admitting the Defendant's plea?

(ii)Whether the R.O.R prepared by the Settlement Authorities in the name of Purna in respect of a Govt.

land confers exclusive title on him without the basis of such recording?"

5. No notice need be issued as the respondents have already entered appearance. Let copies of the appeal memo be served upon learned counsel for the respondents.

6. LCR be called for.

7. List this matter in the week commencing 11th August, 2025.

(Sashikanta Mishra) Judge

Order No.

10. 1. As an interim measure, it is directed that further proceeding in E.P. No. 2 of 2022 pending before the Court of learned Civil Judge (S.D.), Malkangiri shall remain stayed till the next date.

(Sashikanta Mishra) Judge

Puspanjali

Designation: Junior Stenographer

Location: High Court of Orissa, Cuttack. Date: 13-May-2025 19:09:24