Latarani Ray And Another vs Anupama Das And Others
2025 Latest Caselaw 11609 Ori

Orissa High Court

Latarani Ray And Another vs Anupama Das And Others on 22 December, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 173 of 2025


            Latarani Ray and another             ....                 Appellants
                                                             Represented by
                                                 Mr. P.K.Rath, Sr. Advocate
                                                  with Ms. S. Das, Advocate

                                           -Versus -


            Anupama Das and Others                ....              Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 22.12.2025

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

3.

2. Heard Mr. P.K. Rath, learned Senior Counsel with Ms. S. Das, 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 Appellate Court & Trial Court are correct in deciding the suit without framing any issues on the question of limitation?

ii. Whether the learned Appellate Court and Trial Court were correct to hold that a suit for declaration of right, title, and interest and permanent injunction filed by a single co-sharer was maintainable without impleading the other

co-sharers who are majors against which an executable decree cannot be passed as per Order-1, Rule, -9?

iii. Whether the Appellate Court & the Trial Court were correct in decreeing a suit for which no proper description of the suit property was given for passing of an executable decree as required under Order 7 Rule 3?

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 October, 2026.

(Sashikanta Mishra) Judge

Order No.

4. 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