Puspa Dei vs ) Asutosh Bharasagar@Duria
2025 Latest Caselaw 4709 Ori

Orissa High Court

Puspa Dei vs ) Asutosh Bharasagar@Duria on 6 March, 2025

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                  RSA No.88 of 2023
Puspa Dei                    .....       Appellant
                                                      Represented By Adv. -
                                                      S. S. Parida

                          -versus-
1) Asutosh Bharasagar@Duria        .....                         Respondents
2) Bidhu Bharasagar@Duria                               Represented By Adv. -
3) Saubhagya Dei
4) Sasibhusan Duria



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

                                 ORDER

06.03.2025 Order No.

06. This matter is taken up through hybrid mode.

2. Heard from the learned counsel for the appellant on the point of admission.

3. This Appeal is admitted on formulation of the following substantial questions of law i.e.:-

(i) Whether the judgments and decrees passed by the Trial Court and First Appellate Court holding that, the suit filed by the plaintiff is not maintainable on the ground that, she (plaintiff) could not establish that, she (plaintiff) is the adopted daughter of owner of the suit properties i.e. Ukia Devi are sustainable under law?

(ii) Whether the findings and observations made by the Trial Court and First Appellate Court holding that, the plaintiff is not the adopted daughter of Ukia Devi, when

out of all the defendants, the defendant Nos.1 to 3 have admitted to the adoption of the plaintiff as the adopted daughter of the Ukia Devi on the ground of objection made by the defendant No.4 is acceptable under law?

4. Issue notice to the respondents.

5. Learned counsel for the appellant is directed to file requisites for issuance of notices to the respondents through Speed Post/Registered Post with A.D. within seven days positively.

6. Registry is directed to call for the photocopies of the LCRs from the concerned learned District Judge within a week positively for early disposal of the 2nd appeal.

7. List this matter on 02.05.2025.

(ANANDA CHANDRA BEHERA) Judge

1. This I.A. under O.39 R.1 & 2 of the CPC, 1908, which has been filed by the petitioner (appellant in this second appeal) praying for restraining the opposite parties (respondents in this second appeal) not to create any third party interest during the pendency of the second appeal.

2. Learned counsel for the petitioner is directed to file requisites for issuance of notices to the opposite parties in this I.A. through Speed Post/Registered Post with A.D. within seven days positively.

3. List this I.A. on 02.05.2025 for objection and hearing.

(ANANDA CHANDRA BEHERA) Judge Utkalika

Signature Not Verified Digitally Signed Signed by: UTKALIKA Page 3 of 3. NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Mar-2025 16:06:53