Susama Patra vs Jadunath Hembram And
2025 Latest Caselaw 9056 Ori

Orissa High Court

Susama Patra vs Jadunath Hembram And on 14 October, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              R.S.A. No.337 of 2025

       Susama Patra                          .....                       Appellant

                                                      Represented by
                                                      Mr.P. Ch. Chhinchani,
                                                      Advocate

                                      -versus-
       Jadunath Hembram and                 .....                     Respondents
       others

                                                      Represented by None

                                    CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                      ORDER

14.10.2025.

Order No.

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

2. Heard Mr. P. Ch. Chhinchani, learned counsel for the appellant, 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 RSA is admitted on the following substantial questions of law;

(i) Whether the finding of the First Appellate Court that the suit land was not properly identifiable is perverse on the

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face of the suit land being properly described in the sale deed marked Ext.1?

(ii) Whether in the absence of any pleadings or any specific issues being framed, it was open to the lower appellate to hold that the sale deed will automatically become invalid in the absence of clear description of purchased land although it was pleaded and proved that the suit land has been mutated, demarcated and identified by the competent authorities?

(iii) Whether the defendants-respondents have any legal right to question the title of the appellant over the suit land and whether in the instant case, the learned lower appellate Court can grant relief to the present Respondents by setting aside the decree of permanent injunction passed in the present suit restraining them from interfering in the physical possession of the plaintiff-appellant over the suit land?

4. Call for the L.C.R.

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

6. List this matter in the month of June, 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.

(Sashikanta Mishra) Judge

Location: High Court of Orissa, Cuttack