O vs Niranmayee Pattanayk@Ray And
2025 Latest Caselaw 6622 Ori

Orissa High Court

O vs Niranmayee Pattanayk@Ray And on 3 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                              RSA No. 491 of 2024
                                      O
                               A AT CUTTACK
            Jyotshnamayee Mohanty and      ....                  Appellants
            Another
                                                       Represented by
                                           Mr. B. Bhuyan, Sr. Advocate
                                      -Versus -
            Niranmayee Pattanayk@Ray and           ....                Respondents

Others Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 03.04.2025

Order No.

1. This matter is taken up through hybrid mode.

1.

2. Heard Mr. B. Bhuyan, learned Senior Counsel with Ms. S. Sahu for the appellants. 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 the findings of both the courts below that the plaintiff is the daughter of Dhurba Charan Pattnaik is based on no/inadequate evidence?

ii. Whether both the courts below committed manifest illegality in ignoring the specific plea taken by the contesting defendants regarding non-joinder of the co- sharer-Uttam Pattanaik?

4. No notice need be issued as Mr. M. Basu has entered appearance for the respondents.

5. Let a copy of the appeal memo be served upon Mr. Basu by tomorrow (04.04.2025).

6. Issue notice to the proforma 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 21st July, 2025.

(Sashikanta Mishra) Judge

Order No.

1. As an interim measure, it is directed that the final decree

3. proceeding may continue but the decree shall not be sealed or signed without leave of the Court. Further both parties are directed not to create any third party interest with regard to the suit property also 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