Bishnu Priya Nath vs Manoj Kumar Sahu And Others
2026 Latest Caselaw 144 Ori

Citation : 2026 Latest Caselaw 144 Ori
Judgement Date : 8 January, 2026

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Orissa High Court

Bishnu Priya Nath vs Manoj Kumar Sahu And Others on 8 January, 2026

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                              RSA No. 277 of 2024
            Bishnu Priya Nath              ....                 Appellant
                                                      Represented by
                                                  Mr. P.K. Satapathy,
                                                            Advocate

                                            -Versus -


            Manoj Kumar Sahu and others            ....               Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 08.01.2026 Order No. 1. This matter is taken up through hybrid mode.

3.

2. Heard Mr. P.K. Satpathy, learned counsel for the appellant. Perused the impugned judgments.

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

i. Whether the Courts below are justified in converting the landlord-tenant dispute with relief of eviction and arrear house rent to a suit for declaratory relief over the suit land on the basis of title and passed a decree of eviction against the defendants without any pleadings and evidence and without framing issue to that effect?

ii. Whether both the Courts below are correct in law deciding right, title, interest of the plaintiff over suit schedule land on the basis of purchase under Exhibit-7, when identification of the suit land is in dispute and the plaint schedule and the schedule of the Exhibit-7 sale deed is not sufficient to describe and identify the suit land?

4. Issue notice to the respondents by speed post fixing a short returnable date. Requisites be filed within three working days.

5. Call for the LCR.

6. List this matter in the month of October, 2026.

(Sashikanta Mishra) Judge

Order No.

1. Further proceeding in Execution Case No. 28 of 2017 pending

4. in the court of learned Civil Judge (Junior Division), Balasore shall remain stayed till the next date.

2. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 09-Jan-2026 18:07:24