Padan Jena vs Nidhiram Jena & Anr
2025 Latest Caselaw 3379 Ori

Orissa High Court

Padan Jena vs Nidhiram Jena & Anr on 12 August, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    RSA No. 62 of 2022

            Padan Jena                       .....                            Appellant

                                                                  Mr. T. Panigrahi, Adv..
                                             -Versus-
            Nidhiram Jena & Anr.             .....                         Respondents



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

12.08.2025

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

8. 2. Heard Mr. T. Panigrahi, learned counsel for the appellant.

3. Perused the impugned judgments. Considering the submissions made and the grounds raised, the second appeal is admitted on the following substantial questions of law.

"(i) Whether the appellate Court was correct in holding that the suit properties have been partitioned by metes and bounds only basing on the note of separate possession of the parties in the ROR and on a single sale deed executed by one of the co-

sharers in favour of an outsider.

(ii) Whether 1st appellate court committed manifest error by passing Judgement and Decree partially without giving importance to pre-emption when trial Court decided partition vis-a-vis pre-emption by allowing Judgement and Decree in favour of the plaintiff with order to deposit Rs.32,000/- For registration of the Sale Deed in regard to Schedule of property

4. Issue notice to respondents by registered post with A.D.

returnable within four weeks. Requisites be filed within a week.

5. Call for the LCR.

4. List this matter for hearing in the month of February, 2026.

(Sashikanta Mishra) Judge

A.K. Rana