Radhakanta Behera@Nanku vs Indrani Devi
2025 Latest Caselaw 746 Ori

Orissa High Court

Radhakanta Behera@Nanku vs Indrani Devi on 1 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 252 of 2025

            Radhakanta Behera@Nanku               ....                  Appellant s
            Behera and another
                                                              Represented by
                                                     Mr. A.Mohanta, Advocate

                                            -Versus -


            Indrani Devi                           ....                 Respondent

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. Mohanta, learned counsel for the appellants. 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 both the courts below have failed to appreciate that the suit is bad for non-joinder of the co-owner of the suit property, who is a necessary party?

ii. Whether the courts below failed to appreciate that the plaintiff could not have based a claim for declaration of title only by placing reliance on the revenue records?

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 LCR.

6. List this matter in the month of December, 2025.

(Sashikanta Mishra) Judge

Order No.

1. Further proceeding in Execution Case No. 9 of 2023 pending in

2. the court of learned Civil Judge (S.D.), Champua shall remain stayed till the next date.

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

(Sashikanta Mishra) Judge

BC. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 03-Jul-2025 10:57:16