Tejraj Sahu vs Santosh Kumar Panda And
2025 Latest Caselaw 7378 Ori

Orissa High Court

Tejraj Sahu vs Santosh Kumar Panda And on 22 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK


                              R.S.A. No.456 of 2023


       Tejraj Sahu                           .....                    Appellant

                                                      Represented by
                                                      Mr.G. Mukherji, Advocate
                                                      Mr.A. Mishra, Advocate
                                       -versus-
       Santosh Kumar Panda and               .....                 Respondents
       others

                                                     Represented by None


                                       CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                        ORDER

22.4.2025.

Order No.

01. 1. This matter is taken up through hybrid mode.

2. Heard Mr. G. Mukherji with Mr.A. Mishra, learned counsel appearing for the appellant, on the question of admission. Perused the judgments passed by the lower appellate Court as well as the trial Court.

3. Considering the submissions and the grounds raised, the RSA is admitted on the following substantial questions of law;

// 2 //

(i) Whether both the Courts below were correct in deciding a suit filed for specific performance of contract without framing any issue and rendering any finding with regard to the readiness and willingness of the parties ?

(ii) Whether non-impletion of a party i.e., the father of Defendant Nos.3 and 4 who has admittedly purchased a portion of land under Registered Sale Deed vitiates the entire finding by directing the vendor to execute the sale deed for the entire land by receiving balance consideration ?

4. Call for the L.C.R.

5. Issue notice to the Respondents by Registered Post with A.D. making it returnable within four weeks. Requisites be filed within three working days.

6. List this matter in the week commencing 21.7.2025.

                                               (Sashikanta Mishra)
AKB                                                 Judge





                                                                      // 3 //

02. 1. Further proceeding of Execution Case No.2/2003 pending in the Court of Civil Judge (Sr. Division), Rampur, shall remain stayed till the next date.

(Sashikanta Mishra) Judge

Designation: A.D.R.-cum-Addl. Principal Secretary

Location: High Court of Orissa, Cuttack