Dhaneswar Mohapatra vs Laxmipriya Senapati & Ors
2024 Latest Caselaw 16883 Ori

Orissa High Court

Dhaneswar Mohapatra vs Laxmipriya Senapati & Ors on 20 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 251 of 2022

            Dhaneswar Mohapatra               .....                         Appellants
                                                                        Represented by
                                                                  Mr. A.C. Panda, Adv.

                                              -Versus-
            Laxmipriya Senapati & Ors.        .....                       Respondents
                                                                         Represented by


                                  CORAM:
                 THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                   ORDER

20.11.2024

Order No. 1. This matter is taken up through hybrid mode.

05. 2. Heard Mr. A.C. Panda, learned counsel for the appellant.

3. Perused the impugned judgments. Considering the submissions made and the grounds raised, the second appeal is admitted on the following substantial questions of law.

"(i) Whether a simple suit for injunction is maintainable when the title is disputed by the opponent?

(ii) Whether an unregistered deed of Family Partition can be taken into consideration for any purpose, when it's registration is compulsory U/s. 17 of the Indian Registration Act, 1908?

(iii) When the suit property is recorded in the name of the State, Whether State of Odisha is a necessary party and the Suit is liable to be dismissed if a Necessary Party is not impleaded?

(iv) Even though the defendant has not filed settlement Appeal, Whether his objection to the settlement of Govt.

Land by the settlement authority can be thrown out?"

4. Issue notice to the respondents by Registered Post with A.D., making it returnable within four weeks. Requisites shall be filed within three working days.

6. Call for the L.C.R..

7. List this matter in the week commencing 27th January, 2025.

(Sashikanta Mishra) Judge

Order No. Status quo with regard to the suit property as on date shall be

06. maintained till the next date.

(Sashikanta Mishra) Judge A.K. Rana

Designation: PERSONAL ASSISTANT

Date: 20-Nov-2024 20:00:18