Saukilal Sahu vs Premananda Dash And
2025 Latest Caselaw 1277 Ori

Orissa High Court

Saukilal Sahu vs Premananda Dash And on 15 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              R.S.A. No.143 of 2025

       Saukilal Sahu                         .....               Appellant

                                                      Represented by
                                                      Ms.P.Mohanty, Advocate

                                      -versus-
       Premananda Dash and                   .....              Respondents
       others

                                                      Represented by None

                                     CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

15.7.2025.

Order No.

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

2. It appears that in order dated 21.4.2025 the I.A. Number has been wrongly typed as "I.A. No.20/2025" instead of I.A. No.10/2025". Office is directed to carry out the correction.

3. Heard Ms. P. 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.

4. Considering the submissions and the grounds raised, the RSA is admitted on the following substantial questions of law;

// 2 //

(i) Whether the transaction in favour of the Plaintiff- respondent can be said to be valid; when it is not in dispute that his vendor was not the exclusive owner of the property sold under Registered Sale Deed No. 1126, dated 25.08.2006?

(ii) Whether a decree of permanent injunction could have been passed against the appellant - defendant No. 1 and other co-sharers, when no other co-sharer either executed the sale deed in favour of the plaintiff-respondent or accorded consent for the execution thereof ?

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. L.C.R. be called for.

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

(Sashikanta Mishra) AKB Judge

Location: High Court of Orissa, Cuttack