Cuttack vs Prafulla Kumar Dalai And Others
2025 Latest Caselaw 3400 Ori

Orissa High Court

Cuttack vs Prafulla Kumar Dalai And Others on 12 August, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      RSA No. 217 of 2025A AT
                             CUTTACK
            Sachala Muduli and Others        ....                  Appellants
                                                          Represented by
                                                  Mr.A.P. Bose, Advocate
                                        -Versus -
            Prafulla Kumar Dalai and others        ....               Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER_ 12.08.2025

Order No.

1. 1. This matter is taken up through hybrid mode.

2. Heard Mr. A.P. Bose, 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 the learned courts below were correct in validating the sale deed under Exhibit-2 ignoring the fact that the right of the daughters has been enshrined under Section 6 of the Hindu Succession Act 2005? ii. Whether the learned courts below were correct in dismissing the suit on the ground of limitation; when sale deed of 2007 was challenged in 2010?

iii. Whether the learned courts below were correct in not partitioning the property in question, when the entire property was sold to a stranger of the family beyond the share of the vendor?

4. Issue notice to the respondent Nos.1 to 3 for the time being by registered post with A.D. making it returnable within four week.

Requisites be filed within three working days.

5. Call for the LCR.

6. List this matter in the month of April, 2026.

(Sashikanta Mishra) Judge

Order No.

2. 1. Status quo with regard to the suit property as on date shall be maintained till the next date.

2. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 14-Aug-2025 15:53:54