Bansidhar Bhoi & Others vs Laxmidhar Das And Others
2025 Latest Caselaw 9864 Ori

Orissa High Court

Bansidhar Bhoi & Others vs Laxmidhar Das And Others on 11 November, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              R.S.A. No.511 of 2025

        Bansidhar Bhoi & others              .....                 Appellants

                                                       Represented by
                                                       Mr.A.P.Bose, Advocate

                                      -versus-
        Laxmidhar Das and others             .....                  Respondents

                                                      Represented by None

                                     CORAM:
           THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

Order                                 11.11.2025.
No.

01. 1. This matter is taken up through hybrid mode.

2. Heard Mr. A.P.Bose, learned counsel for the appellants, on the question of admission. Perused the judgments passed by the lower appellate Court as well as the trial Court.

3. Considering the submissions and the grounds raised, the R.S.A. is admitted on the following substantial questions of law;

(i) Whether the Courts below were correct in completely ignoring the issue of

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limitation as the sale deed executed in the year 1963 was sought to be challenged for the first time in the year 2012?

(ii) Whether the Courts below were correct in decreeing the suit in toto when Defendant No.1, despite his death was never substituted during pendency of the suit ?

4. Call for the L.C.R.

5. Issue notice to the Respondents by Speed Post fixing a short returnable date. Requisites be filed within seven days.

6. List this matter in the month of July, 2026.

(Sashikanta Mishra) AKB Judge

02. 1. Status quo as on date with regard to the suit property shall be maintained till the next date.

Digitally Signed Judge

Location: High Court of Orissa, Cuttack