Chandramani Samal & Anr vs Sukanta Samal & Ors
2025 Latest Caselaw 6840 Ori

Orissa High Court

Chandramani Samal & Anr vs Sukanta Samal & Ors on 8 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                          RSA No. 564 of 2023

            Chandramani Samal & Anr.                 .....                             Appellant

                                                                          Mr. P.C. Mishra, Adv.
                                                     -Versus-
            Sukanta Samal & Ors.                     .....                           Respondent

                                                                     Ms. Pallavi Mohanty, Adv.


                                            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. P.C. Mishra, 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 the suit property is the absolute property of the plaintiff under provision 14 of the Hindu Succession Act when the plaintiff P.W, 1 herself admitted that she has no income of her own and the property was purchased out of the income of her husband?

(ii) Whether the reported decision Manohari Devi and others

-Vrs- Choudhury Sibanava Das and others reported in AIR 1983 Orissa 135 is squarely applicable for which both the learned courts below had relied upon the said decision while answering the suit regarding whether the suit land or property is the self-acquired property of the plaintiff?

(iii) Whether the finding of the learned trial court is acceptable in view of provision under Sections 12(2), 17, 19, 20, 22, 23, 25, 26 and 28 of the D.V. Act, while giving the answer of issue relating to that whether defendant Nos. 1 and 2 can claim the house constructed over the suit property as Signature Nottheir Verified shared household?"

Digitally Signed Signed by: AJAYA KUMAR RANA Designation: Personal Assistant Reason: Authentication

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

4. No notice need be issued to respondent Nos. 1 and 2 as they have entered appearance through Miss Pallavi Mohanty, Advocate.

5. Issue notice to respondent Nos.3 to 5 by registered post, returnable within four weeks. Requisites be filed within three working days.

6. Call for the LCR.

7. List this matter in the week commencing 21st July, 2025.

8. Interim order passed earlier shall continue till the next date.

(Sashikanta Mishra) Judge A.K. Rana

Designation: Personal Assistant

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