Sk. Mehmood Alli vs Sk. Liakat Alli And Ors
2025 Latest Caselaw 10474 Ori

Orissa High Court

Sk. Mehmood Alli vs Sk. Liakat Alli And Ors on 26 November, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 559 of 2025

            Sk. Mehmood Alli                  .....                             Appellant
                                                            Mr. S. K. Nayak (2), Advocate
                                             -Versus-
            Sk. Liakat Alli and Ors          .....                           Respondents


                                        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. S.K. Nayak (2), learned counsel for the appellants.

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 first appellate court is justified, reversing the findings of the trial court without repelling the reason given by the Trial Court?

(ii) Whether first appellate court is justified, holding the compromise in T.S. No.421/2000 is binding on the plaintiff when the oral Gift along with deed of acknowledgement of the aforesaid Gift dated 11.01.1998 and 24.01.1998 which is before the filing of aforesaid suit and alleged gift to defendants no.2 to 4, the plaintiff along with his sister were not made parties in the said suit as they are necessary parties?

(iii) Whether first appellate court is justified, relying upon compromise decree in T.S. No.421/2000 passed by Civil Judge, (S.D.), Bhadrak when father Sk. Imdad Alii has no right to give the "Ga" schedule land as gift to defendants no.2 to 4 when he has alienated his entire "Ga" schedule property in favour of the plaintiff

by oral gift and Ac.0.14 decimal from Plot No. 1936 in favour of the daughters by different three sale deeds.

4. Issue notice to the respondents by speed post, returnable within four weeks. 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. Status quo with regard to the suit property as on date shall be

02. maintained by both the parties 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