A At Cuttack vs Kshetra Bhoi And Others
2025 Latest Caselaw 6620 Ori

Orissa High Court

A At Cuttack vs Kshetra Bhoi And Others on 3 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  RSA No. 71 of 2025F O
                               A AT CUTTACK
            Dhananjaya Bhoi@Dhanurjaya      ....                 Appellant
            Bhoi
                                                       Represented by
                                              Mr.S. Mohanty, Advocate
                                       -Versus -
            Kshetra Bhoi and Others                 ....               Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 03.04.2025

Order No.

1. This matter is taken up through hybrid mode.

2.

2. Heard Mr. S. Mohanty, learned counsel for the appellant. Perused the impugned judgments.

3. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law:-

i. Whether both the courts below were correct in setting aside the sale deed after twenty four years of its execution, even though the same was executed by the Karta of a Hindu joint family for legal necessity"

ii. Whether, courts below committed serious illegality inasmuch as admittedly the suit was filed for notional partition but a complete decree of partition was granted by travelling beyond pleadings and by framing issues in absence of controversy on particular facts and law in the pleadings?

4. Issue notice to the Respondents by registered post with A.D. making it returnable within four weeks. Requisites be filed within three working days.

5. Call for the LCR.

6. List this matter in the week commencing 28th July, 2025.

(Sashikanta Mishra) Judge

Order No.

1. As an interim measure, it is directed that operation of the

3. judgment dated 29.11.2024 passed by the learned Addl. District Judge, Kantabanjhi in RFA No.43 of 2016 shall remain stayed till the next date.

2. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 04-Apr-2025 18:59:20