Dibya Padhan And Others vs Bailochan Padhan And
2025 Latest Caselaw 7798 Ori

Orissa High Court

Dibya Padhan And Others vs Bailochan Padhan And on 2 September, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK


                              R.S.A. No.270 of 2025


       Dibya Padhan and others               .....              Appellants

                                                       Represented by
                                                       Mr.Maheswar Mohanty,
                                                       Advocate

                                      -versus-
       Bailochan Padhan and                  .....                    Respondents
       others

                                                      Represented by
                                                      None.

                                     CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

02.9.2025.

Order No.

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

2. Heard Mr. M. Mohanty, 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 RSA is admitted on the following substantial questions of law;

// 2 //

(i) Whether, the learned lower Appellate Court is justified that in absence of legal heirs of deceased co-sharers namely Dingra, Anadi & Deula, the suit for partition is maintainable?

(ii) Whether, the learned lower Appellate Court has misconstrued itself by holding that the doctrine of substantial representation is applicable in respect of present suit for partition?

4. Call for the L.C.R.

5. Issue notice to the Respondents by Speed Post/Registered Post making it returnable within four weeks. Requisites be filed within three ten days.

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

(Sashikanta Mishra) AKB Judge

Location: High Court of Orissa, Cuttack