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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Prava Das – Appellant
Versus
Akshya Kumar Swain – Respondent
| Table of Content |
|---|
| 1. establishment of factual background and jurisdiction. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioners argue error in revisional court's jurisdiction. (Para 7 , 8) |
| 3. opposite parties refute petitioners' arguments. (Para 9) |
| 4. court reiterates principles regarding civil court's jurisdiction. (Para 10 , 11 , 12) |
| 5. court remits matter for fresh consideration. (Para 13 , 14 , 15) |
JUDGMENT :
K.R. Mohapatra, J.
1. This matter is taken up through hybrid mode.
2. Memo of appearance of Mr. Dash, learned counsel for Opposite Parties filed in Court is taken on record.
3. Order dated 25th July, 2023 (Annexure-9) passed by learned 3rd Additional District Judge, Cuttack in Civil Revision No.3 of 2023 is under challenge in this CMP, whereby order dated 18th January, 2023 (Annexure-7) passed by learned 5th Additional Senior Civil Judge, Cuttack in Civil Suit No. 112 of 2019-I, has been set aside.
4. Civil Suit No.112 of 2019-I has been filed for the following reliefs.
“27. That the Plaintiffs therefore pray :
A) That a decree declaring the partition effected in Case no.37 of 2016 U/s 19 (1)(C) of the ORISSA LAND REFORMS ACT to be without jurisdiction, illegal and void may be passed;
B) That a
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