The Court set aside an impugned order under Order XXVI Rule 9 C.P.C. allowing an application in a civil suit. It granted the parties liberty to lead evidence regarding the extent of encroachment by examining a private Amin, before disposing of the CMP.
CMP disposed of with liberty to examine private Amin for proving extent of encroachment.
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. 98 OF 2023
Rangadhar Sahoo …. Petitioner
Mr. Debasis Tripathy, Advocate
-versus-
…. Opp. Parties Mr. Prafulla Kumar Rath, Advocate
Alekha Chandra Sahoo and others
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
26.04.2023
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge
ms
Page 1 of 1
2 issues framed by the court
Whether the High Court should set aside the lower court's order which allowed an application u/s Order XXVI Rule 9 C.P.C. given the dispute over the extent of encroachment.
What liberty should be granted to the parties for proving the extent of encroachment via private Amin in the underlying suit.
1 provisions across 1 enactments
Rangadhar Sahoo
Alekha Chandra Sahoo and others
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
