Muralildhar Samal vs Sarat Chandra Rout And
2025 Latest Caselaw 3923 Ori

Orissa High Court

Muralildhar Samal vs Sarat Chandra Rout And on 12 February, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK


                                  R.S.A. No.417 of 2024


       Muralildhar Samal                       .....                      Appellant

                                                          Represented by
                                                          Mr.S.C.Samal, Advocate

                                        -versus-
       Sarat Chandra Rout and                 .....                    Respondents
       others

                                                       Represented by none


                                       CORAM:

            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                          ORDER

12.2.2025.

Order No. I.A. No.1310 of 2024

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

2. Considering the submissions, four week time is allowed to the appellant to file certified copy of the judgment and decree of the trial Court.

(Sashikanta Mishra) Judge

// 2 //

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

2. Heard Mr. S.C.Samal, 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;

(i) Whether in view of the separate note of possession of the ancestors of the Appellant in the remarks column of the ROR of the year 1929 it can be presumed that there was partition among them in metes and bounds?

(ii) Whether Jhumpei, Kausalya, Rati, Sakhi and Bichi have acquired any right, title and interest over the schedule property under the Hindu Women's right to property Act, 1937 and Hindu succession Act, 1956 respectively to transfer the same ?

(iii) Whether the finding that the sale deed dtd.16.2.1943 and 17.2.1964 could not have been challenged on the ground of limitation is tenable in view of the4 fact that the same are to be treated as ab initio void.

// 3 //

4. Call for the L.C.R.

5. Issue notice to the Respondents by Registered Post with A.D. making it returnable within four weeks. Requisites be filed within three working days.

6. List this matter after Summer Vacation.

(Sashikanta Mishra) AKB Judge

03. 1. There shall be stay of operation of the impugned judgment and decree dated 30.7.2024 passed by the learned Addl. District Judge, Salipur in R.F.A. No.19/2023 and judgment dated 20.5.2023 passed by the learned Civil Judge (Sr. Division), Salipur in C.S. No.78/2019 till the next date.

2. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge

Location: High Court of Orissa, Cuttack