Harihara Panda And Anr vs State Of Odisha And Ors
2025 Latest Caselaw 9306 Ori

Orissa High Court

Harihara Panda And Anr vs State Of Odisha And Ors on 23 October, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                        RSA No. 344 of 2024

            Harihara Panda and Anr.                  .....                             Appellants

                                                                     Mr. S.K. Nayak 2, Advocate.
                                                     -Versus-
            State of Odisha and Ors.                 .....                          Respondents

                                                                              Mr. N. Singh, Adv.
                                        CORAM:
                       THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                             ORDER

23.10.2025

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

04. 2. Heard Mr. S.K. Nayak-2, learned counsel for the appellants.

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 First Appellate Court was justified in rejecting the prayer for additional evidence and appointing a Civil Court Commissioner in the facts and circumstances of the case particularly when there was discrepancy with regard to the area in the map of 'B' and 'C' schedule land which is claimed to be amalgamated with 'D' schedule land?

(ii) Whether the Courts below were justified in dismissing the suit of the plaintiffs when the contesting defendants did not specifically deny his case?

4. Issue notice to the respondents by speed post, returnable within four weeks. Requisites shall be filed within three days.

5. Call for the LCR.

5. List this matter for hearing in the month of July, 2026.

A.K. Rana        Digitally Signed                                     Judge




                 Date: 24-Oct-2025 18:27:12