High CourtsSingle Bench(2023) 05 OHC CK 0266

Patitapaban Khanda vs State Of Odisha & Anr

Orissa High Court · Decided on 18 May 2023

HON’BLE JUDGES
B.P. Routray, J
RESULT
Dismissed
CASE NUMBER
RSA No.171 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 186 words

B. P. Routray

1.

The matter is taken up through Hybrid mode.

2.

Heard Mr.Mohanty, learned counsel for the Appellant and Mr.Bhardwaj, learned ASC for the State.

3.

The plaintiff is the Appellant. The suit was filed for declaration of right title interest and confirmation of possession along with prayer for permanent injunction. The suit was dismissed by learned Civil Judge, Junior Division on merit. Plaintiff carried the same in First Appeal before learned Additional District Judge, Jagatsinghpur. The learned First Appellate Court while dismissing the appeal by confirming the findings of the learned Trial Judge added one more ground saying that as per cross-examination of P.W.2 since the valuation of the land is higher, the learned Civil Judge, Junior Division, Jagatsinghpur also did not have the required pecuniary jurisdiction to try this suit. Even if such additional finding of the learned First Appellate Court is removed, then also no merit is seen in favour of the present Appellant to admit the appeal. Accordingly, I do not see any substantial question in favour of the Appellant to admit the appeal.

4.

The Appeal is dismissed.

…………………………….