Sumita Swain @ Sumitra Swain vs Murali Swain And Others
2022 Latest Caselaw 823 Ori

Citation : 2022 Latest Caselaw 823 Ori
Judgement Date : 31 January, 2022

Orissa High Court

Sumita Swain @ Sumitra Swain vs Murali Swain And Others on 31 January, 2022

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No.7 of 2020

            Sumita Swain @ Sumitra Swain            ....           Appellants
            and others
                                               Mr. B.N. Mohapatra, Advocate
                                        -versus-
            Murali Swain and others                 ....         Respondents


                      CORAM:
                      JUSTICE A.K.MOHAPATRA

                                        ORDER

31.01.2022 Order No.

02. 1. This matter is taken up through Video Conferencing mode.

2. Heard.

3. Admit. Call for the LCR.

4. Having heard learned counsel for the Appellant, this Court has framed the following substantial questions of law for consideration at the time of hearing:

i) Whether the suit for partition filed by the Plaintiff in respect of a portion of the joint family property is maintainable especially when it is admitted that the property involved in the suit are joint family property?

ii) Whether such a course adopted by the court below is correct in view of the judgment of this Court reported in the case of Guddu @ Purushottam Mohanta and others vrs. Smt. Saimani Mohantirani (dead) her L.Rs. Basanti Mohanta @ Ambika Mohanta and others, reported in 2016(II) OLR-680?

// 2 //

5. Issue notice of hearing to the Respondent nos.1(a) to 1(d) by Registered Post with A.D., fixing a short returnable date. Requisites shall be filed within three working days.

I.A. No.24 of 2020

6. Issue notice as above. Accept one set of process fee.

7. As an interim measure, this Court directs that status quo as on date in respect of the property in question shall be maintained by the parties till the next date of listing.

8. As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Court's Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(A.K. Mohapatra) Judge U.K.Sahoo