A At Cuttack vs Khirabati Barik And Others
2025 Latest Caselaw 254 Ori

Orissa High Court

A At Cuttack vs Khirabati Barik And Others on 6 May, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 RSA No. 112 of 2025F O

                                  A AT CUTTACK
            Narayan Barik and Others        ....                       Appellants
                                                              Represented by
                                                      Mr.K.K. Dash, Advocate

                                              -Versus -
            Khirabati Barik and Others              ....              Respondents

Represented by Mr. P.K. Satapathy, Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 06.05.2025

Order No.

1. This matter is taken up through hybrid mode.

6.

2. Heard Mr. K.K. Dash, 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 1st Appellate Court was correct in ignoring the proposition of law that the ancestral property of Female Hindu dying intestate and issueless shall devolve upon the other co-sharers as per the provisions of Section 15(2)(a) of the Hindu Succession Act?

ii. Whether the finding of the 1st Appellate Court regarding the ancient adoption is correct?

4. No notice need be issued to respondent No.1 as she has already entered appearance through Mr. P.K. Satapathy.

5. Let a copy of the appeal memo be served upon Mr. Satapathy.

6. Notice on the other respondents is dispensed with for the time being as per the requests of the learned counsel for the appellant.

7. Call for the LCR.

8. List this matter in the week commencing 22nd September, 2025.

(Sashikanta Mishra) Judge

Order No. 1. Further proceeding in Execution Case No. 13 of 2011 pending

7. in the court of learned Civil Judge, (S.D.), Padampur shall remain stayed till the next date.

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

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 07-May-2025 19:42:30