Kaberi Mohapatra vs Arnapurna Das And Others
2025 Latest Caselaw 10905 Ori

Orissa High Court

Kaberi Mohapatra vs Arnapurna Das And Others on 10 December, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 R.S.A. No.482 of 2025

            Kaberi Mohapatra                      .....                    Appellant


                                                          Represented by
                                                          Mr.B.Routray,
                                                          Sr. Advocate

                                         -versus-
       Arnapurna Das and others                   .....                Respondents

                                                          Represented by None

                                       CORAM:
             THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                         ORDER

10.12.2025.

Order No.

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

2. Heard Mr. B. Routray, learned Senior counsel along with Mr. J. Biswal, learned counsel for the appellant on the question of admission. Perused the judgments passed by the lower appellate court as well as the trial Court.

3. Considering the submissions and the grounds raised, the RSA is admitted on the following substantial question of law;

// 2 //

(i) Whether the first appellate court was correct in holding that the appeal was not maintainable without considering the fact that the appellant was aggrieved by the acceptance of the report of the Commissioner which according to him is contrary to the preliminary decree?

4. Issue notice to the Respondents by Speed Post fixing a short returnable date. Requisites be filed within three working days. L.C.R. be called for.

5. List this matter in the month of September, 2026.

(Sashikanta Mishra) AKB Judge

02. 1. Status quo as on date with regard to the suit property shall be maintained till the next date. Further, the final decree proceeding may continue but the decree shall not be sealed and signed without leave of the Court.

(Sashikanta Mishra) Judge

Location: High Court of Orissa, Cuttack