Sumanyu Kumar Pani And vs Harishankar Pani
2025 Latest Caselaw 3401 Ori

Orissa High Court

Sumanyu Kumar Pani And vs Harishankar Pani on 12 August, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 235 of 2025
            Sumanyu Kumar Pani and                ....                   Appellants
            another
                                                              Represented by
                                                  Mr. S.B. Mohanty, Advocate

                                             -Versus -
            Harishankar Pani                       ....                 Respondent

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 12.08.2025

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

3.

2. Heard Mr. S.B. Mohanty, 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 Appellate Court committed error in ignoring Section 39 of Specific Relief Act, with regard to issue of mandatory injunction for demolition of the residential house of the appellant without claim for partition and relief of declaration over the schedule property?

ii. Whether the judgment of the First Appellate Court is sustainable for grant of permanent injunction against the appellant in absence of ingredients of Section 41 of the Specific Relief Act whereunder injunction is refused?

iii. Whether in absence of prayer for partition and declaration over the schedule property as provided under Section-34 of the Specific Relief Act, the judgment of the First Appellate Court can be sustained?

iv. Whether, without application and interpretation of Section-8 of Hindu Succession Act, with regard to Rules of succession in the case of males dying intestate, the judgement of the Appellate Court for demolition of the residential house of a coparcener(appellant) is valid and sustainable?

4. Issue notice to the respondent 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 month of April, 2026.

(Sashikanta Mishra) Judge

Order No. 1. Operation of the judgment dated 19.03.2025 passed by the

4. learned Addl. District Judge, Baripada shall remain stayed 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