A At Cuttack vs Debaki Sahu And Others
2025 Latest Caselaw 7118 Ori

Orissa High Court

A At Cuttack vs Debaki Sahu And Others on 16 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    RSA No. 188 of 2025F O
                                 A AT CUTTACK
            Balgopal Mishra and another      ....                  Appellants
                                                          Represented by
                                                  Mr. J.R. Deo, Advocate
                                        -Versus -
            Debaki Sahu and Others                 ....                Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 16.04.2025

Order No.

1. This matter is taken up through hybrid mode.

1.

2. Heard Mr. G. Mishra, learned Senior Counsel with Mr. A. Moharana 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 impugned judgments run contrary to the express provisions of the Companies Act, 1956 as M/s. Pramodini Agri Private Ltd. Salebhata was not impleaded as a party even though the aforesaid company purchased a portion of the suit by registered sale deed No. 553 dated 06.08.2014 and was in possession of the same?

ii. Whether the learned courts below committed a patent illegality by ignoring the recitals of the deed of relinquishment under Ext.A?

iii. Whether the decree is executable in the absence of the entity in possession over a portion of the suit land (M/s. Pramodini Agri Private Ltd. Salebhata)?

iv. Whether under the facts and circumstances of the present case, the suit was barred by limitation and the learned courts below committed a patent illegality by not

delving into the said question when the defendants had raised a specific plea of adverse possession?

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 for hearing.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 17-Apr-2025 18:38:31