Chakradhara Acharya vs Smt. Chandra Prava Mishra
2025 Latest Caselaw 1268 Ori

Orissa High Court

Chakradhara Acharya vs Smt. Chandra Prava Mishra on 15 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              R.S.A. No.171 of 2025

       Chakradhara Acharya                   .....               Appellant

                                                       Represented by
                                                       Mr.M. Mohanty, Advocate

                                      -versus-
       Smt. Chandra Prava Mishra             .....              Respondents
       and others

                                                      Represented by none.

                                     CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

15.7.2025.

Order No.

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

2. Heard Mr. M. Mohanty, 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 questions of law;

(i) Whether the First Appellate Court was correct in disposing of the appeal without

// 2 //

framing points for determination as per Order 41, Rule 31 of C.P.

(ii) Whether, the appellant is estopped to file the appeal U/s.96 of the C.P.C. challenging the ex-parte judgment dtd.03.09.2022 and decree dtd. 16.09.2022, passed by the learned Addl. Senior Civil Judge in C.S. No.50 of 2021?

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

5. Call for the L.C.R.

6. List this matter in the month of January, 2026.

(Sashikanta Mishra) AKB Judge

02. 1. Status quo as on date with regard to the suit property shall be maintained till the next date.

Digitally Signed Judge

Location: High Court of Orissa, Cuttack