Manas Ranjan Nanda vs Laxmipriya Jagdev And Others
2025 Latest Caselaw 11608 Ori

Orissa High Court

Manas Ranjan Nanda vs Laxmipriya Jagdev And Others on 22 December, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 219 of 2024


            Manas Ranjan Nanda                   ....                 Appellant
                                                             Represented by
                                                          Mr. D.P. Mohanty,
                                                                   Advocate

                                           -Versus -


            Laxmipriya Jagdev and Others          ....              Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 22.12.2025

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

1.

2. Heard Mr. D.P. Mohanty, learned counsel for the appellant. 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 have committed gross error while passing the impugned judgment by not considering the ratio decided by the Supreme Court reported in AIR 1959 SC 914 wherein the principles of assessing and evaluating the opinion evidence on relationship as per Sections -50 and 60 of Indian Evidence Act have been laid down?

ii. Whether the courts below have committed error for non-consideration of material evidence

on record while coming to a conclusion that the Plaintiff Laxmipriya is the mother of Nikunja treating her as a class-I heir of the deceased Nikunja?

4. Issue notice to the respondents by speed post fixing a short returnable date. Requisites be filed within three working days.

5. Call for the LCR.

6. List this matter in the month of September, 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

BC. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 24-Dec-2025 18:48:52