Gauri Sethi vs Epari Pratibha And Others
2025 Latest Caselaw 6666 Ori

Orissa High Court

Gauri Sethi vs Epari Pratibha And Others on 4 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                            RSA No. 255 of 2024
            Gauri Sethi                  ....                   Appellant
                                                      Represented by
                                             Mr. K.C. Sahu, Advocate

                                            -Versus -
            Epari Pratibha and others             ....               Respondents

Represented by Mr. S.K. Behera, Advocate (for R. No.1) Mr. C.A. Rao, Sr. Advocate (for R.Nos. 2 and 3)

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 04.04.2025 Order No. 1. This matter is taken up through hybrid mode.

2. Heard Mr. A.P. Bose, 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:-

A. Whether the right of the plaintiff over the suit property protected under Section 6 of the Hindu Succession Act, 1956 is deem to have been extinguished by virtue of the Final Decree Passed in T.S. No. 85 of 1997 when the Final Decree has not been engrossed on stamp papers and as such the petition suit is alive?

B. Whether the sale transaction in favour of Defendant No.4 is hit by the restriction put under Section 34 of OCH & PFL Act, 1972 the suit being a Chaka land and prevented from fragmentation under the said provision? C. Whether the finding of the learned lower Court with regard to maintainability of the suit at the instance of

the plaintiff when she is a coparcener in the family is correct and can be sustained in the eye of law?"

4. No notice need be issued to the respondent No.1 as he has entered appearance through Sri S.K. Behera.

5. Issue notice to the respondent Nos. 2 and 3 by speed post with A.D. fixing a short returnable date. Requisites be filed within three working days.

6. Call for the LCR.

7. The courts below are directed to transmit the LCR so as to reach this Court positively in the week commencing 21st April, 2025.

8. List this matter in the week commencing 29th April, 2025.

9. Let a copy of the appeal memo be served upon learned counsel appearing for the respondent No.1.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 05-Apr-2025 18:39:19