Pankajini Pati & Ors vs Sk. Gulam Sadik & Ors
2025 Latest Caselaw 7408 Ori

Orissa High Court

Pankajini Pati & Ors vs Sk. Gulam Sadik & Ors on 22 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    RSA No. 80 of 2023

            Pankajini Pati & Ors.            .....                          Appellants

                                                    Mr. P.K. Rath, Sr. Advocate with
                                                                   Ms. S. Dash, Adv.
                                             -Versus-
            Sk. Gulam Sadik & Ors.           .....                      Respondents

                                                            Mr. S. Mantry, Adv. For R-1

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

22.04.2025

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

06.

2. Heard Shri P.K. Rath, learned Senior Counsel with Ms. S. Das, learned counsel for the appellants. 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 the lower appellate court is correct in dismissing the appeal on the ground of limitation, particularly when the cause of action for filing appeal only arose on 29.03.2017?

ii) Whether the lower appellate court is correct in dismissing the appeal by drawing a conclusion that the appellant has preferred R.F.A against pre-amended decree, though the appeal memo itself demonstrates that the appellant was aggrieved by the amended decree dated 29.03.2017 and become part of the decree, which was passed on 24.06.2004?

iii) Whether the appellate court is justified in law by concluding that there is no sufficient cause in the teeth of the fact that the plaintiff himself amended the decree six years after passing of the same and the appellant could not

have preferred appeal till issue of amendment was set at rest i.e. on 29.03.2017?

3. No notice need be issued to respondent no.1, as he has entered appearance through counsel. Let a copy of the appeal memo be served upon him.

4. Issue notice to other respondents by registered post with AD fixing a short returnable date. Requisites shall be filed within three working days.

5. List in the week commencing 14th July, 2025. LCR be called for in the meantime.

(Sashikanta Mishra) Judge

Order No.

07.

1. It shall be open to the appellants to move for adjournment of the proceeding in Execution Case No. 01 of 2011 by filing an appropriate application before the Executing Court, i.e., learned Civil Judge (Junior Division), Balasore. If such motion is made, the Executing Court shall consider the application having regard to the date fixed for hearing of this appeal.

2. Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge

GDS

Designation: JOINT REGISTRAR-CUM-PRINCIPAL