Saudamini Satapathy vs Snehalata Mishra @ Satapathy
2024 Latest Caselaw 16539 Ori

Orissa High Court

Saudamini Satapathy vs Snehalata Mishra @ Satapathy on 12 November, 2024

         IN THE HIGH COURT OF ORISSA AT CUTTACK
                           RSA No.212 of 2024

 Saudamini Satapathy                            .....        Appellant(s)
                                                                 Represented By
                                                           Mr.T.Mishra,Advocate

                                  -versus-
 Snehalata Mishra @ Satapathy                .....          Respondent(s)
 & Others
                                                                  Represented By

                                CORAM:
  THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA
                                              ORDER

Order No.                                    12.11.2024

   02.      1.    This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the appellant on the point of admission.

3. This Appeal is admitted on formulation of the following substantial questions of law i.e.:-

(i) Whether the judgment and decree passed by the Trial Court in C.S. No.39 of 2013 and the confirmation of the same by the 1st Appellate Court in R.F.A. No.19 of 2017 declaring that, the sale deeds dated 22.05.2013 vide Exts.1 and 2 executed by the defendant No.7 (appellant) in favour of the defendant Nos.8 and 9 (respondent Nos.8 and 9) in respect of the suit properties as void, is sustainable under law, when, the suit properties were originally belonged to the husband of the defendant No.7 (Kishore Chandra Satapathy)?

(ii) Whether, the suit of the plaintiff (daughter of the defendant No.7) for declaration was maintainable under law without seeking the relief of partition?

4. Issue notice to the respondent.

5. Call for the LCRs.

6. The learned counsel for the appellants is directed to file requisites for issuance of notices to the respondents.

7. The Registry is directed to call for the photo copies of the LCRs from the concerned District Judge within seven days for early disposal of the appeal.

8. List this matter on 08.01.2025.

( A.C. Behera ) Judge Binayak

Location: High Court of Orissa, Cuttack