Smt. Hemalata Swain And vs Rabindranath Swain And
2025 Latest Caselaw 1853 Ori

Orissa High Court

Smt. Hemalata Swain And vs Rabindranath Swain And on 29 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              R.S.A. No.317 of 2025

       Smt. Hemalata Swain and               .....                      Appellants
       others

                                                       Represented by
                                                       Mr.D.P.Mohanty, Advocate

                                      -versus-
       Rabindranath Swain and                .....                    Respondents
       others

                                                      Represented by
                                                      Mr.Rajeet Roy, Advocate
                                                      for Respondent Nos.8.9.10
                                                      & 16.

                                     CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

29.7.2025.

Order No.

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

2. Heard Mr. D.P.Mohanty, learned counsel for the appellants, 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;

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(i) Whether the proceeding under the Orissa Land Reforms Act was initiated by a stranger Prana Krushna Parida, is one under Section 36-A of the Act for declaration of the status as Raiyat in respect of the property. This is not a proceeding for determination of any ceiling limit in the family property of the parties. In such a proceeding therefore there was absolutely no necessity of saving any joint family property from being given to Prana Krushna. Such a plea being completely absurd, whether the learned lower Appellate Court is correct in ignoring this aspect of the matter and tendering the finding without properly appreciating the effect of the document under Ext. 18, which was the mandate in the remand order passed by the this Court?.

(ii) Whether the judgments of both the Court below suffer from erroneous consideration of material evidence on record i.e. Ext. 18?

4. Call for the L.C.R.

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5. No notice need be issued to Respondent Nos.8,9,10 and 16 as they have already entered appearance through Mr. Rajeet Roy, Advocate. Let adequate copies of the Appeal Memo be served upon Mr. Roy within three working days. No notice need be issued to Respondent Nos.11 to 15 and 17 and 18.

6. Issue notice to the Respondent Nos.1 to 7 by Registered Post with A.D. making it returnable within four weeks. Requisites be filed within three working days.

7. Learned counsel for the parties submits that a short date may be fixed for hearing as this is the second round of litigation after remand by this Court earlier and the suit is of the year 2015.

8. Considering the submissions as above, list this matter for hearing in the week commencing 13.10.2025.

(Sashikanta Mishra) AKB Judge

04. 1. In the interim, it is directed that further proceeding of the Execution Case No.104/2015 pending in the Court of First

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Addl. Civil Judge (Sr. Division), Bhubaneswar shall remain stayed till the next date.

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

(Sashikanta Mishra) Judge

Location: High Court of Orissa, Cuttack