Naba Kumar Shaw vs Sisir Kumar Pal
2025 Latest Caselaw 7757 Ori

Orissa High Court

Naba Kumar Shaw vs Sisir Kumar Pal on 1 September, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 377 of 2025

            Naba Kumar Shaw                         ....                    Appellant
                                                                 Represented by
                                                         M. B. Baug, Sr. Counsel
                                                            with Mr. M.R. Baug,
                                                                       Advocate

                                              -Versus -

            Sisir Kumar Pal                          ....                Respondent

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 01.09.2025 Order No.

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

2. The defects as pointed by the office have been removed.

3. Mr. B. Baug, learned Senior Counsel appearing with Mr. M. R. Baug, learned counsel for the appellant requests that the matter being otherwise ready be taken up for admission.

4. Considering the request, the matter is taken up for hearing on the question of admission.

5. Heard Mr. B. Baug, learned Senior Counsel for the appellant. Perused the impugned judgments.

6. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law:-

i. Whether the impugned First Appellate Court judgment confirming the direction of the learned trial court in its ordering portion to respect possession of parties over the suit land, is sustainable in law when admittedly and undisputedly, both parties purchased the suit land by joint

registered sale deed dated 10.02.2014 and the suit is filed on 29.03.2016?

ii. Whether the learned trial Court is misplaced by the judgement reported in (2005) 1 CLR 222 and (2025) 1 CLR 1005, which are not applicable to the facts and circumstances of the present case, thereby ignoring the judgment passed by the Hon'ble Apex Court, reported in AIR 1981 SC 77?

7. Issue notice to the respondent by registered post with A.D. making it returnable within four weeks. Requisites be filed within three working days.

8. Call for the LCR.

9. List this matter in the month of November, 2025.

(Sashikanta Mishra) Judge

BC Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 02-Sep-2025 19:36:40