Susama Acharya vs Pratima Satpathy & Others
2025 Latest Caselaw 1556 Ori

Orissa High Court

Susama Acharya vs Pratima Satpathy & Others on 22 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK


                              R.S.A. No.535 of 2023


       Susama Acharya                        .....                      Appellant

                                                       Represented by
                                                       Mr.B. Bhuyan,
                                                       Sr.Advocate

                                      -versus-
       Pratima Satpathy & Others             .....                 Respondents

                                                      Represented by
                                                      None

                                     CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

22.7.2025.

Order No.

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

2. Heard Mr. B. Bhuyan 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;

// 2 //

(i) Whether a suit for partition in respect of the property recorded in the name of the deity without impleading the deity or issuing any mandatory notice to the commissioner of Hindu Religious Endowment Act as per Section 69 of the OHRE Act is maintainable?

(ii) Whether a suit for partial partition without including all the properties or explaining the reason of non-inclusion is maintainable?

(iii) Whether the courts below have committed error of law in recording findings that the plaintiffs have relinquished their share over the Sch.C & D property in absence of any pleadings?

(iv) Whether a property recorded as road is liable for partition in absence of any pleading that the user of the same is no more required?

4. Issue notice to the substituted 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.

// 3 //

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

(Sashikanta Mishra) AKB Judge

04. 1. In the interim, it is directed that the final decree proceeding may continue but the decree shall not be sealed and signed without leave of the Court.

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

(Sashikanta Mishra) Judge

Location: High Court of Orissa, Cuttack