Orissa High Court

Babaji Samal vs Paramananda Malik And Another on 1 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 278 of 2025

            Babaji Samal                          ....                    Appellant
                                                                Represented by
                                                       Mr. A.P. Bose, Advocate

                                            -Versus -


            Paramananda Malik and another          ....                Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 01.07.2025 Order No.

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

2. Heard Mr. A.P. Bose, learned counsel for the appellant. Perused the impugned judgments.

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

i. Whether the learned lower Appellate Court was correct in not framing points for determination under Order 41 Rule 31 of CPC.

ii. Whether the learned lower Appellate Court was correct in not granting relief under Section 44 of the T.P. Act read with the Section 4 of the Partition Act when the plaintiff has right of repurchase?

iii. Whether the learned lower Appellate Court was correct in holding that mere sales made by the parties will itself prove plaintiff partition?

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.