Nirod Mahakud vs Satyanarayan Hota And
2025 Latest Caselaw 10471 Ori

Orissa High Court

Nirod Mahakud vs Satyanarayan Hota And on 26 November, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 504 of 2025

            Nirod Mahakud                    .....                             Appellant
                                                                  Mr. A.P. Bose, Advocate
                                             -Versus-
            Satyanarayan Hota and            .....                          Respondents
            Others


                                        CORAM:
                       THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                     ORDER

26.11.2025

Order No. 1. This matter is taken up through hybrid mode.

01. 2. Heard Mr. A.P. Bose, learned counsel for the appellant.

3. Perused the impugned judgments. Considering the submissions made 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 holding the sale deed Ext.2 to be an invalid one and not binding on the plaintiff when the minor's share was sold by the father without taking permission under Section 8(2) of the Hindu Minority and Guardianship Act which is mandatory.?

(ii) Whether the learned Lower Appellate Court was correct in holding that there was legal necessity of the father to maintain the minor for which such sale was made when there is no such averment in Ext.2 nor it was ever prove d by Defendant no.2 nor it was ever proved by defendant no.1 nor his vendor?

4. No notice need be issued to respondent No.1 as he has already entered appearance through counsel.

5. Issue notice to other respondents by speed post fixing a short

returnable date. Requisites shall be filed within three working days.

5. Call for the LCR.

6. List this matter for hearing in the month of August, 2026.

(Sashikanta Mishra) Judge

Order No. 1. There shall be stay operation of judgement and decree passed

02. by the Lower Appellate Court till the next date.

2. Issue urgent certified copy on proper application.

                                                          (Sashikanta Mishra)
 A.K. Rana                                                       Judge

Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Nov-2025 18:23:58