Sadananda Padhi vs Bighneswar Padhi & Others
2023 Latest Caselaw 12646 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                         R.S.A. NO.248 OF 2023
            Sadananda Padhi                      ....            Appellant
                                               Mr.S.S. Rao, Sr.Advocate
                                      -versus-
            Bighneswar Padhi & Others            ....        Respondents
                                                                  -------
                     CORAM:
                    MR. JUSTICE D.DASH
                                    ORDER

Order No.                          13.10.2023
     02.    1.     This matter is taken up through hybrid arrangement
            (virtual/physical) mode.

2. Heard learned Counsel for the Appellant and on going through the judgments passed by the Courts below, the Appeal is admitted to answer the following substantial question of law:-

1) Whether the First Appellate Court on the basis of the pleading and evidence that the properties standing in the name of the Government and others are under the possession of the members of the family could have allowed the claim of the Plaintiff for partition of those properties even in the absence of those owners being the parties to the suit when that preliminary decree for partition would not have bound them and their right to recover the possession of the properties from the member/ member(s) of the family would not have in any way been affected or extinguished in any ways?

// 2 //

3. Issue notice to the Respondents by Registered Post with AD. Steps be taken within a week hence. In that event, notice be issued fixing a short returnable date.

4. The matter be listed immediately after service of notice upon the Respondents.

(D. Dash), Judge.

Narayan

Signature Not Verified Digitally Signed Signed by: NARAYAN HO Designation: Peresonal Assistant Reason: Authentication Location: OHC Date: 17-Oct-2023 13:56:24