Purusottam Pradhan vs Deity Sri Sri Balunkeswar
2025 Latest Caselaw 6343 Ori

Orissa High Court

Purusottam Pradhan vs Deity Sri Sri Balunkeswar on 26 June, 2025

         IN THE HIGH COURT OF ORISSA AT CUTTACK
                           S.A. No.193 of 1992

 Purusottam Pradhan                   .....                              Appellant(s)
                                                              Mr. S. Mishra, Advocate
                              -versus-
 Deity Sri Sri Balunkeswar        .....                                 Respondent(s)
 Mahadev of village Bhaliapada,
 Phulbani and others
                                                           Mr. D. Mohapatra, Advocate


                                CORAM:
  THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA
                                               ORDER

Order No.                                     26.06.2025
   18.      1.    This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Learned counsels of both the sides are present.

3. Heard from the learned counsels of both the sides.

4. This 2nd appeal was listed today for framing of additional substantial questions of law, as the substantial question of law, which was framed vide Order No.2 dated 24.12.1992, the same is not sufficient for the just decision of this 2nd appeal, according to the pleadings of the parties, the findings and observations made in the judgments of the trial court and the 1st appellate court.

5. Therefore, in addition to the substantial question of law framed earlier vide Order No.2 dated 24.12.1992, the following two additional substantial questions are framed i.e.:-

(i) Whether the suit is maintainable in view of Sections 41 and 25 read with Section 73 of the Orissa

Hindu Religious Endowments Act, 1951?

(ii) Whether the suit of the plaintiff is liable to be dismissed in view of Section 69(1) of the Orissa Hindu Religious Endowments Act, 1951?

6. This 2nd appeal be listed on 17.07.2025 for hearing on the basis of the additional two substantial questions of law framed today along with earlier substantial question of law, which was framed vide order on dated 24.12.1992.

7. Registry is directed to furnish the soft copies of the entire brief of this 2nd appeal to the learned counsels of both the sides on production of pendrives by the learned counsels of both the sides.

( A.C. Behera ) Judge Jagabandhu

Designation: Personal Assistant