Deepak Mohanta vs Chittaranjan Mohanty And
2025 Latest Caselaw 9318 Ori

Orissa High Court

Deepak Mohanta vs Chittaranjan Mohanty And on 23 October, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    RSA No. 476 of 2025

            Deepak Mohanta                      .....                                   Appellant

                                                                Mr. P.K. Satapathy, Advocate.
                                                -Versus-
            Chittaranjan Mohanty and            .....                                Respondent
            Ors.

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

23.10.2025

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

01. 2. Heard Mr. P.K. Satapathy, 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 courts below are correct is disbelieving the plaintiff's contention about forcible execution and registration of sale deed (Ext-1 & 2) by a prolonged paralysis patient in absence of any family member?

(ii) Whether there is valid transfer of title and complete sale transaction of the schedule property, on the basis of alleged sale deed (Ext-1 & 2) in absence of adequate payment of consideration money and handing over possession of the land on the basis of such sale?

(iii) Whether both the courts below are correct in observing that there is no use of undue influence and misrepresentation over the plaintiff for execution of the sale deed, when the plaintiff lodged the FIR on 03.02.2021 (Ext-13) immediately after execution of alleged sale deed on 01.02.2021 (Ext-1 & 2)?

4. Issue notice to the respondents by speed post, returnable within four weeks. Requisites shall be filed within three days.

5. Call for the LCR.

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

(Sashikanta Mishra) Judge

Order No. 1. Further proceedings in Mutation Case No. 1627 of 2025

02. pending before the Tahasildar, Shyamakhunta shall remain stayed till the next date.

2. Issue urgent certified copy on proper application.

                                                       (Sashikanta Mishra)
 A.K. Rana                                                   Judge