Arati Mohanty vs Ghanashyam Mohapatra, Through his LRs

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ori) 205

IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Arati Mohanty – Appellant
Versus
Ghanashyam Mohapatra, Through his LRs – Respondent

Advocates Appeared:
For the Appellant :Mr. R.K. Mohanty, Senior Advocate
For the Respondent:Mr. A.P. Bose, Advocate, Mr. S.K. Pattanaik, Advocate

Table of Content
1. overview of case filing and initial ruling (Para 1 , 2 , 3)
2. arguments regarding suit maintainability and remand (Para 4 , 7)
3. counsel assertions and position of appellants (Para 5 , 6 , 8)
4. court’s analysis on remand and evidence consideration (Para 9 , 10 , 11 , 12)
5. judicial decision and orders issued (Para 13 , 14)

JUDGMENT :

1. Instant appeal under Order XLIII Rule 1(u) read with Section 104 of the Civil Procedure Code, 1908 (hereinafter referred to as ‘the CPC )’ is filed by the appellant challenging the impugned order dated 17^th October, 2015 passed in R.F.A. No.5/46 of 2013/2009 by the learned 1st Additional District Judge-cum-Special Judge (Vigilance), Bhubaneswar, whereby, the matter was remanded to the court of leaned Civil Judge (Junior Division), Bhubaneswar on the following grounds:

(ii) Whether defendant No.56 as the locus standi to file the appeal before the learned 1^st Appellate Court?

(iv) Whether learned 1^st Appellate Court was justified to remand the matter back without setting aside the finding of facts returned by the court of learned Civil Judge (Junior Division), Bhubaneswar relating to exclusive possession of the appellant vis- à-vis th