A At Cuttack vs Rabindra Kumar Behera And
2025 Latest Caselaw 7441 Ori

Orissa High Court

A At Cuttack vs Rabindra Kumar Behera And on 23 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   RSA No. 510 of 2023 O
                                A AT CUTTACK
            Santosh Kumar Acharya and       ....               Appellants
            Others
                                                       Represented by
                                                  Mr. S.K. Mishra, Sr.
                                                            Advocate
                                       -Versus -
            Rabindra    Kumar     Behera    and     ....               Respondents

Others Represented by Mr. B. Bhuyan, Sr. Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 23.04.2025

Order No.

1. This matter is taken up through hybrid mode.

5.

2. Heard Mr. S.K. Mishra, learned Senior Counsel along with Mr. Satyajit Paltasingh 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. When the finding of the Courts below that there was amicable partition amongst the parties is perverse? ii. Whether the finding of the Courts below that the counter claim is barred in view of article 97 of the Limitation Act is correct?

iii. Whether the finding of the courts below regarding validity of the sale deed relied upon by the plaintiffs is correct in view of the fact that the said sale deed purports to transfer a specific portion of the undivided joint family properties?

4. No notice need be issued to respondent No.1 as he has already

entered appearance through Mr. S.S. Mohapatra.

5. Issue notice to the other 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.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 24-Apr-2025 18:33:44