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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Keshab Nanda – Appellant
Versus
Gouranga Charan Nanda – Respondent
| Table of Content |
|---|
| 1. overview of the parties and initial factual context. (Para 1 , 2 , 3 , 4 , 5) |
| 2. issues framed and evidence submitted by both parties. (Para 6 , 7 , 8 , 10) |
| 3. judgment of the 1st appellate court reversing the trial court's decision. (Para 9 , 11 , 14) |
| 4. discussion of procedural issues regarding the survey commissioner's report. (Para 12 , 18 , 20 , 22) |
| 5. conclusion and remittance of the appeal for retrial. (Para 23 , 24 , 25) |
JUDGMENT :
A.C. Behera, J.
This Second Appeal has been preferred against the reversing judgment.
2. The Appellants in this Second Appeal were the Defendant Nos.1,2 and LRs of the Defendant No.4 before the learned Trial Court in the suit vide C.S. No.177 of 2003 and Respondent Nos.1 to 4/G before the learned 1st Appellate Court in the first appeal vide R.F.A. No.52 of 2017.
The Respondent Nos.2 to 5 in this 2nd Appeal were the Defendant Nos.8 to 11 before the learned Trial Court in the suit vide C.S. No.177 of 2003 and Respondent Nos.5 to 8 before the learned 1st Appellate Court in the 1st appeal vide R.F.A. No.52 of 2017.
The Respondent No.1 in this 2nd Appeal i.e. Gouranga Charan Nanda was the sole Plaintiff before the learned Trial Court in the s
Judicial decisions must adhere to principles of natural justice; failure to allow cross-examination of a commissioner invalidates reliance on their report.
Reliance on a local commissioner's report in judicial decisions must comply with natural justice principles; failure to allow cross-examination and address objections renders a judgment unsustainable....
The court clarified that reliance on an unchallenged Commissioner's report for title determination is improper without accurate property measurement, and limitation for recovery of possession involve....
Commissioner’s reports, if accepted without objection, are not binding and can be challenged during trial. The court must evaluate all evidence before arriving at a conclusion on land disputes.
The court upheld the lower courts' findings, emphasizing the limited scope of re-appreciating evidence in second appeals under Section 100 CPC.
Concurrent findings of fact by the Trial Court and First Appellate Court are binding and cannot be interfered with under Section 100 of the CPC.
Possession can be asserted without title; long-standing peaceful possession protects rights more than ownership claims in possessory title cases.
The court affirmed that previous orders rejecting applications for scientific measurement in ongoing litigation are final and cannot be re-agitated, emphasizing the principles of res judicata and tim....
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