A At Cuttack vs Shankar Mahananda And Another
2025 Latest Caselaw 1013 Ori

Orissa High Court

A At Cuttack vs Shankar Mahananda And Another on 8 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              RSA No. 60 of 2025
                                A AT CUTTACK
            Premananda Sahu and Others      ....                   Appellant
                                                         Represented by
                                                 Mr.S. Mishra, Advocate
                                       -Versus -
            Shankar Mahananda and another          ....               Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 08.07.2025

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

1.

2. The name of Mr. A. Tripathy advocate and associates be deleted from the cause list.

3. Heard Mr. S. Mishra, learned counsel for the appellant. Perused the impugned judgments.

4. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law:-

i. When in the R.S.D. No.91/70 there is a clear acknowledgment of receipt of sale consideration of Rs.13,500/- by plaintiff No. 3 from Def. No.2, whether the learned First Appellate Court is correct to have construed that the Plaintiff No.3 has never received the money consideration either before or after the execution of the sale deed in 2007 contrary to Sections -91 and 92 of the Evidence Act, 1872?

ii. In view of the settled position of law that the sale in respect of coparcenary property by one of the coparceners is valid to the extent of the share of the coparcener, whether

the learned First Appellate Court is correct in holding that the R.S.D. No. 91/07 vide Ext.A/1 is not legally valid?

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. Call for the LCR.

7. List this matter in the month of December, 2025.

(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 B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 09-Jul-2025 11:51:35