CMP challenging an appellate order that vacated a stay. The High Court held the impugned order did no error since the respondent is in possession based on a sale deed and mutation. The CMP was dismissed.
The CMP stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 589 OF 2022
Anirudha Behera
…. Petitioner
Mr. Ashit Kumar Dash, Advocate on behalf of Mr. Tapobanta Barik, Advocate
-versus-
Bikash Mohan Barik
…. Opp. Party
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
07.09.2022
Page 1 of 3
// 2 //
22 of the Odisha Land Reforms Act, 1960 (for short ‘the Act’). Thus, the transaction, if any, in favour of the Petitioner and his vendors is void ab initio . The Petitioner being the legal heir of the recorded tenants has a right over suit property. Learned trial Court considering the same directed the parties to maintain status quo over the suit property. However, learned appellate Court without considering the above material aspect, set aside the order dated 1st November, 2021 passed by learned trial Court and vacated the order of status quo, which is not sustainable in the eyes of law.
Page 2 of 3
// 3 //
there is material available on record to show that the land was alienated in favour of Choudhury Mayabati Dash after obtaining permission under Section 22 of the Act in OLR Case No.13 of 1988. Considering the same, learned trial Court came to hold that the person in possession over the land cannot be injuncted without due process of law and no order of injunction can be granted.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge
ms
Page 3 of 3
2 issues framed by the court
Whether the Civil Appellate Court erred in vacating the order of status quo granted to the petitioner.
Whether the petitioner has a prima facie right over the suit property without due process of law.
1 provisions across 1 enactments
Anirudha Behera
Bikash Mohan Barik
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
