Baidhar Jena vs Bhagabat Jena & Anr
2025 Latest Caselaw 7216 Ori

Orissa High Court

Baidhar Jena vs Bhagabat Jena & Anr on 26 August, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 489 of 2023

            Baidhar Jena                     .....                           Appellant

                                                          Mr. A.C. Mohapatra, Advocate
                                             -Versus-
            Bhagabat Jena & Anr.             .....                         Respondents

                                                                  Mr. A.K. Sahoo, Adv.

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

26.08.2025

Order No. 1. These matters are taken up through hybrid mode.

6. 2. Heard Mr. A.C. Mohapatra, 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 courts below are correct in decreeing the suit partially when the suit land is admittedly joint homestead which were not partitioned by metes and bounds and when the so called alienation vide Ext.B was made by only one member of the joint family comprising of a widow and her son?

(ii) Whether the courts below are correct in decreeing the suit partially when the alienation under Ext.B had been made by a limited owner and earlier vide Ext.G and J, judgment in TS No. 30/225 of 1960/1957, alienation made by Bhama was challenged and the said suit was dismissed?

4. No notice need be issued as the respondents have already entered appearance through their counsel. Let adequate number of

copies of the appeal memo be served upon him.

5. Call for the LCR.

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

(Sashikanta Mishra) Judge

Order No. 1. Status quo with regard to the suit property as on date shall be

07. maintained by both the parties till the next date.

2. Issue urgent certified copy on proper application.

(Sashikanta Mishra) A.K. Rana Judge A.K. Rana