A At Cuttack vs Pradeep Singh Pradhan And
2025 Latest Caselaw 7694 Ori

Orissa High Court

A At Cuttack vs Pradeep Singh Pradhan And on 30 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 RSA No 42 of 2018

                                 A AT CUTTACK
            Jyoti Kumar Nayak and Others   ....                       Appellants
                                                              Represented by
                                                         Mr. A.K. Mahapatra,
                                                                   Advocate
                                             -Versus -
            Pradeep    Singh    Pradhan     and    ....               Respondents

Others Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 30.04.2025

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

4.

2. Heard Mr. A.K. Mohapatra, learned counsel 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 both the courts below were correct in not framing a specific issue and rendering finding as to whether Dalimba having converted to Christianity was disqualified from inheriting property of her ancestors?

ii. Whether the findings of the learned lower appellate court that Section-1 of the Caste Disabilities Removal Act, 1850 would protect the right of Dalimba after conversion to Christian religion and she cannot be debarred to inherit the property of Kainphula is correct and sustainable in law?

iii. Whether the learned lower appellate court is correct in coming to the conclusion that property of Kainphula would devolve on the heirs of her husband and section 26 of the Hindu Succession Act is not applicable to the plaintiff Nos.2 to 8 as the suit property belonged to their mother Dalimba (plaintiff No.1) is correct and sustainable in law?

3. 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. Call for the LCR.

7. List this matter in the month of September, 2025.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 01-May-2025 16:26:06