Nimai v. State
Case brief
What is this about?
The Orissa High Court set aside an impugned first appellate judgment that reversed a trial decree declaring land encroachment illegal. The High Court held the appellate court failed to consider evidence or record findings on title ownership and procedural legality, remanding the matter for de novo hearing.
What did the court decide?
The impugned judgment and decree of the first appellate court were set aside. The matter was remitted to the District Judge for a fresh de novo hearing.
What the court decided
HIGH COURT OF ORISSA: CUTTACK
S.A. No.43 of 1995
From the judgment and decree dated 3.12.1994 and 17.12.1994 respectively passed by Shri P.K. Patra, learned District Judge, Ganjam-Gajapati, Berhampur in T.A. No.43 of 1993 reversing the judgment and decree dated 15.5.1993 and 1.7.1993 respectively passed by Shri R.N. Panda, learned Munsif, Berhampur in T.S. No.91 of 1991.
Nimai Charan Purohit ………….…… Appellant ---versus— State of Orissa and others ………….…… Respondents
For Appellant : Mr. A.P. Bose, Advocate For Respondents : Mr. R.P. Mohapatra, A.G.A. (For Res. Nos.1 and 2)
J U D G M E N T
P R E S E N T:
THE HON’BLE DR. JUSTICE A.K. RATH
---------------------------------------------------------------------------Date of Hearing :03.01.2019 │ Date of Judgment:03.01.2019
Dr. A.K. Rath, J. This appeal at the plaintiff’s instance assails reversing the first appellate judgment of learned District Judge, Ganjam-Gajapati, Berhampur in a suit for declaration that L.E.C. Case No.1372/85 is illegal, without jurisdiction, mandatory and permanent injunction.
Issues for consideration
2 issues framed by the court
Whether the first appellate court failed to discharge its obligation to record findings and reasons on all issues before reversing the trial court's decree?
Whether the issuance of notice under the Repealed Act vitiated the entire proceeding under the Orissa Prevention of Land Encroachment Act, 1972?
Parties & counsel
- appellant
Nimai Charan Purohit
- respondent
State of Orissa
Coram
Dr. A.K. Rath
Case details
As recorded by the court registry
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