Ghasiram v. Haladhar
Case brief
What is this about?
An appellant challenged a lower appellate court's dismissal of their claim for an easementary right of way over land. The High Court held that the appellant failed to prove prescriptive use as of right and confirmed the dismissal of the appeal.
What did the court decide?
The appeal was dismissed; the judgment and decree of the first appellate court were confirmed.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.A. NO.135 OF 1999
In the matter of an appeal under section 100 of the Code of Civil Procedure has assailed the judgment and decree passed by the learned District Judge, Balangir in Title Appeal No.26/17/37 of 1992-1993-1996 by dismissing the judgment and decree passed by the learned Additional Munsif, Balangir in Title Suit No.9/21 of 1986-90.
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Ghasiram Patel ::: Appellant
-versus-
Haladhar Patel & Others. ::: Respondents
Appeared in this case by Hybrid Arrangement
(virtual/physical mode)
============================================
For Appellant :::: M/s.Manoj Mishra, S. Mishra,
B. Mishra, P.K. Das,
Advocates.
For Respondents - None
CORAM:
MR. JUSTICE D.DASH
DATE OF HEARING::21.06.2022, DATE OF JUDGMENT::04.07.2022
D.Dash, J. The Appellant by filing this Appeal under Section 100 of the
Code of Civil Procedure 1908 (for short, ‘the Code’) has assailed the judgment and decree passed by the learned District Judge, Balangir in Title Appeal No.26/17/37 of 1992-1993-1996.
By the same, the Appeal filed by the present Appellant being the unsuccessful Plaintiff under Section-96 of the Code has been dismissed
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Issues for consideration
2 issues framed by the court
Whether the impugned judgment of the lower Appellate Court was perverse for non-consideration of evidence regarding the Plaintiff's right of way?
Whether the lower Appellate Court erred in law for not considering documentary evidence showing the plot was recorded as "Other Road"?
Parties & counsel
- appellant
Ghasiram Patel
- respondent
Haladhar Patel
Coram
D.Dash
Case details
As recorded by the court registry
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