ORISSA HIGH COURT ISSUES ORDER ON ARATI PATRA V/S SANJAY KUMAR PATRA

CUTTACK, India, March 26 -- Orissa High Court issued the following order on Feb. 23:

1. This Joint Interlocutory Application under Order-23, Rule-3 of the C.P.C., 1908 has been filed jointly by both the parties in the 2nd appeal vide RSA No.450 of 2005 praying for disposing of the 2nd appeal vide RSA No.450 of 2005 on the basis of this Interlocutory Application vide I.A. No.379 of 2026.

2. The 2 nd appeal vide RSA No.450 of 2005 was preferred against the judgment and decree passed in RFA No.39 of 2005 arising out of the judgment and decree passed in the suit vide T.S. No.266 of 2004/401 of 1999.

3. The suit vide T.S. No.266 of 2004/401 of 1999 was a suit for declaration of title.

The said suit vide T.S. No.266 of 2004/401 of 1999 was filed by the plaintiff(appellant in the 2 nd appeal vide RSA No.450 of 2005) against the defendant(respondent in the 2 nd appeal vide RSA No.450 of 2005) praying for declaration of her title over the suit properties by virtue of adverse possession, for confirmation of possession and for permanent injunction against the defendant.

That suit vide T.S. No.266 of 2004/401 of 1999 was decreed by the learned trial court, but, the same was set aside by the learned 1st appellate court in RFA No.39 of 2005 and the suit of the plaintiff was dismissed.

For which, the plaintiff preferred 2nd appeal vide RSA No.450 of 2005 against the respondent/defendant, in which, the joint compromise petition under Order-23, Rule-3 of the C.P.C., 1908 vide I.A. No.379 of 2026 has been filed by the parties(Plaintiff and Defendant).

4. The joint compromise petition vide I.A. No.379 of 2026 of the parties is in writing and the same has been signed by both the parties on being attested by their respective learned counsels. Their joint compromise petition in the form of I.A. No.379 of 2026 has been supported by separate affidavits of the parties stating about the settlement of the dispute relating to the suit properties between them(parties) as per the terms and conditions indicated therein and they(parties) are interested for the final disposal of the 2nd appeal vide RSA No.450 of 2005 on the basis of their joint compromise petition in the form of I.A. No.379 of 2026 and to form their I.A. No.379 of 2026 along with sketch therein as a part of the decree of the 2nd appeal vide RSA No.450 of 2005.

5. The signatures of the parties in the joint compromise petition vide I.A. No.379 of 2026 under Order-23, Rule-3 of the C.P.C., 1908 have been attested by their respective learned counsels.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=FARLzxb7T713hJCp0t1iks%2FgDRCUza8gIaRKhLxu%2BKUWHPr41cxgAX3E%2B1ERt%2Fcp&caseno=RSA/450/2005&cCode=1&cino=ODHC010010372005&state_code=11&appFlag=)

Disclaimer: Curated by HT Syndication.