KHAGAPATI GOUDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, challenge is made to the order dated 1.8.2016 passed by the learned District Judge, Koraput at Jeypore in R.F.A.No.5 of 2013. By the said order, the learned appellate court allowed the application of the appellants under Order 41, Rule 27 C.P.C. and accepted the documents as additional evidence.

(2.) The petitioners as plaintiffs instituted C.S.No.84 of 2011 in the court of the learned Civil Judge (Senior Division), Koraput for declaration of right, title, interest over the suit land and other consequential reliefs impleading the opposite parties as defendants. The suit was decreed. Assailing the judgment and decree of the learned trial court, the defendants filed R.F.A.No.5 of 2013 before the learned District Judge, Koraput at Jeypore. During pendency of the appeal, the defendants filed an application under Order 41, Rule 27 C.P.C. to accept the hal R.O.R., the certified copy of Mutation Case No.399 of 1964 of the Tahasildar, Koraput and the Gazette Notification pertaining to acquisition of land as additional evidence. The plaintiffs filed objection. The learned appellate court allowed the same.

(3.) Heard Mr. A.R. Dash, learned counsel for the petitioners and Ms. Mishra, learned Additional Standing Counsel for the opposite parties.