Bhagabat Rana vs Gurubari Rana And Others
2025 Latest Caselaw 11089 Ori

Orissa High Court

Bhagabat Rana vs Gurubari Rana And Others on 11 December, 2025

         IN THE HIGH COURT OF ORISSA AT CUTTACK
                            S.A. No.16 of 1996

 Bhagabat Rana                           .....                            Appellant(s)
                                                        Mr. R.K. Mohanty, Sr. Advocate
                                 -versus-
 Gurubari Rana and others                                                 Respondent(s)
                                                              Mr. P.K. Patnaik, Advocate
                                CORAM:
  THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA
                                                  ORDER

Order No.                                        11.12.2025
   26.      1.    This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard from the learned counsel for the appellant and the learned counsel for the respondents.

3. During the course of hearing of this 2nd appeal, it is unanimously submitted by the learned counsels of both the sides that, the substantial questions of law, those were formulated on dated 13.09.1996 i.e., to the ground nos.4, 7 and 8 of the appeal memo as the substantial questions of law are not sufficient for the just decision of this 2 nd appeal.

3. Therefore, after taking the submissions of the learned counsels of both the sides into account, the following substantial questions of law are formulated i.e. :-

(i) Whether there are materials in the record to establish the genealogy which was delineated by the plaintiff in Para No.2 of the plaint and whether the findings and observations made by the learned 1st appellate court that, the plaintiff has failed to establish the genealogy indicated in the Para No.2

of the plaint is sustainable under law.

(ii) Whether the judgment and decree passed by the learned 1st appellate court in reversing the judgment and decree passed by the learned trial court is correct under law.

4. This 2nd appeal be listed for hearing on the basis of the substantial questions of law formulated today.

5. It is made clear that, the questions, those were formulated on dated 13.09.1996 shall not be given effect to, due to the formulation of substantial questions of law today.

6. This 2nd appeal be listed on 05.02.2026.

( A.C. Behera ) Judge Jagabandhu

Designation: Personal Assistant