Brundaban Sahu & Anr vs Susil Kumar Pradhan & Ors
2025 Latest Caselaw 6831 Ori

Orissa High Court

Brundaban Sahu & Anr vs Susil Kumar Pradhan & Ors on 8 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                          RSA No. 246 of 2024

            Brundaban Sahu & Anr.                    .....                           Appellant

                                                                          Mr. B. Panigrahi, Adv.
                                       -Versus-
            Susil Kumar Pradhan & Ors. .....                                       Respondent



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

08.04.2025

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

2. Heard Mr. B. Panigrahi, learned counsel for the appellants.

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 after settlement of Bhogra Land upon the Gountia i.e., Janakrushi Bhoi, can Defendant No.1 sell the joint family property without the consent of other co-

sharers ?

(ii) Whether after finality of ROR under Orissa Survey and Settlement Act in favour of Defendant Nos.2 and 3, can a suit be filed challenging such recording beyond the prescribed period of limitation U/s.42 of OSS Act?

(iii) Whether without determination of right of all the co- sharers, can joint family property of Bhogra nature be sold of by one of the co-sharers?

(iv) Whether Defendant No.1 in selling the suit property violates the provision of Transfer of Property Act in disposing more than excess of his shares without having absolute right, title and interest over the suit property?"

Designation: Personal Assistant

Date: 09-Apr-2025 15:14:24

4. Issue notice to respondents by registered post, returnable within four weeks. Requisites be filed within three working days.

5. Call for the LCR.

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

(Sashikanta Mishra) Judge

Order No. Further proceeding in Execution Case No.07 of 2008 pending

03. in the Court of learned Civil Judge (Senior Division), Bhawanipatna be stayed till the next date.

(Sashikanta Mishra) Judge A.K. Rana

Designation: Personal Assistant

Date: 09-Apr-2025 15:14:24