Sri Jhadeswari Devi vs Rahas Behari Naik And Others
2022 Latest Caselaw 7647 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MA No.157 of 2001
                 Sri Jhadeswari Devi, Mouza Dhama,
                 represented through Pujak Sevayat      ....         Appellants
                 Santosh Kumar Mishra and Others
                                                   Mr. C.A. Rao, Sr. Advocate
                                            -versus-
                 Rahas Behari Naik and Others             ....        Respondents
                              Mr. A.K. Nath, counsel for Endowment Authorities
                                  Mr. M.K. Dash, counsel for Respondent No.11

                             CORAM:
                             SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

23.12.2022 Order No.

21. 1. The matter is taken up through hybrid mode.

2. Heard Mr. C.A. Rao, learned senior counsel for the Appellant, Mr. A.K. Nath, learned counsel for Endowment Authorities and Mr. M.K. Dash, learned counsel for intervener - Hindu Public.

3. Mr. Rao, learned Senior Counsel by relying on a decision of this court reported in 2012 (II) OLR 639, Danardan Mohapatra and Others v. Pitambar Jena and Others, submits that in the context of the prayer of the Appellants as Plaintiffs in the suit under Section 41 of the OHRE Act for declaring them as hereditary trustee, their rights as hereditary Sevayats can also be confirmed. He also files the notes of submission.

4. Mr. Dash as well as Mr. Nath though prima facie did not agree with the submission of Mr. Rao regarding his submission to the effct of hereditary Sevayats, but they seek some time to go through the judgment cited by Mr. Rao.

5. List the matter on 19th January, 2023.

( B.P. Routray) Judge M.K.Panda