Radhanath Das vs Bansidhar Das & Ors
2025 Latest Caselaw 7400 Ori

Citation : 2025 Latest Caselaw 7400 Ori
Judgement Date : 22 April, 2025

Orissa High Court

Radhanath Das vs Bansidhar Das & Ors on 22 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                         RSA No. 204 of 2012

                        Radhanath Das                               .....                            Appellant
                                                                                    Mr. T.K. Mishra, Adv.
                                                                         on behalf of Mr. D.K. Sahoo, Adv
                                                                   -Versus-
                        Bansidhar Das & Ors.                       .....                     Respondents

                                                                                            Mr. J.R. Dash, Adv.

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

22.04.2025

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

18. 2. Heard Mr. T.K. Mishra, learned counsel for the appellant. Perused the impugned judgments. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law:-

i) Whether both the courts below ignored the fact that the property covered by the sale deed dated 23.06.1958 was sold without permission of the competent authority, as required under Section 8 of the Hindu Minority and Guardianship Act, 1956?

ii) Whether both the courts below are justified in passing the impugned judgments and decrees without taking into consideration the provisions of Articles 221 and 222 of the Hindu Mulla Law?

3. No notice need be issued, as the respondents have already entered appearance. Let adequate copies of memorandum of appeal be served on the counsel for the respondents within a week. Call for the

LCR.

Signed by: GAYADHAR SAMAL 4. List this matter in the week commencing 7th July, 2025. Designation: JOINT REGISTRAR-CUM-PRINCIPAL SECRETARY Reason: Authentication Location: OHC, CUTTACK Date: 24-Apr-2025 13:02:13 (Sashikanta Mishra) Judge GDS