Orissa High Court
Santosh Kumar Behera & vs Rushi Bhitiria & Ors on 18 February, 2025
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
RSA No. 531 of 2023
Santosh Kumar Behera & ..... Appellants
Anr.
Mr. A.K. Sarangi, Adv.
-Versus-
Rushi Bhitiria & Ors. ..... Respondents
Mr. A.K. Nanda, Adv. for R-1
CORAM:
THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
ORDER
18.02.2025
I.A. No. 1475 of 2023
Order No. 1. This matter is taken up through hybrid mode.
07.
2. In order No.2 dated 02.04.2024 the year of the I.A. No. be
corrected as '2023' instead of '2024'.
3. An affidavit has been filed by Mr. A.K. Sarangi, learned counsel
for the appellant sworn by Santos Kumar Behera, appellant. It is stated
that respondent No. 4- Chandrabati Naik as well as respondent No.5-
Mamata Behera have died issueless and as such, no substitution is
necessary.
4. Considering the submissions as above, the names of respondent
Nos. 4 and 5 be deleted at the risk of the appellant.
5. This is an application for condonation of delay in filing of the
appeal.
6. S.R. has pointed out delay of 272 days. Delay has been sought to
be explained in paragraph- 1 of the application to the effect that
because of illness, the appellant No.1, who was in-charge of the case,
could not prefer appeal within time. He was also advised bed rest and
thereby unable to move to Cuttack for filing of this case.
7. Having regard to the grounds raised, I am inclined to condone the
delay.
8. I.A. is allowed.
9. Delay in filing of the appeal is condoned subject to payment of
Rs.500/- (Rupees Five Hundred), which shall be paid to the Odisha
High Court Bar Association Welfare Fund and receipt be produced
before this Court within a week.
(Sashikanta Mishra)
Judge
Order No. 1. Considering the request of learned counsel for the appellants, the
A.K. Rana
08.
matter is taken up for admission.
2. Heard Mr. A.K. Sarangi, learned counsel for the appellants.
3. Perused the impugned judgments. Considering the submissions
made and the grounds raised, the second appeal is admitted on the
following substantial question of law.
"Whether both the Courts below were correct in
holding that the parties are governed by old Hindu
Law, which is contrary to the evidence on record ?."
4. Notice issued on respondent Nos.2 and 3 has been served
personally and is therefore, held to be sufficient. There is however,
no appearance from the side of the respondents.
5. Call for the LCR.
6. List this matter in the week commencing 5th May, 2025.
(Sashikanta Mishra)
Judge
Order No. 1. Further proceeding in Execution Case No. 17 of 2018 arising
09. out of C.S. No.421 of 2015 pending in the Court of Civil Judge,
Sr. Division, Sundargarh shall remain stayed till the next date.
2. Issue urgent certified copy on proper application.
(Sashikanta Mishra)
Judge
A.K. Rana
Designation: Personal Assistant
Location: HIGH COURT OF ORISSA, CUTTACK
