Hira Bhol And Others vs Siba Chhatra And Others
2025 Latest Caselaw 7902 Ori

Orissa High Court

Hira Bhol And Others vs Siba Chhatra And Others on 4 September, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                          RSA No. 356 of 2025

            Hira Bhol and others                      .....                         Appellants

                                                                     Mr. H. Mohapatra, Advocate
                                                      -Versus-
            Siba Chhatra and others                   .....                        Respondents

                                                                 Mr. S.K. Mishra, Sr. Adv. with

                                                                           Mr. A. Mahakud, Adv.

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

04.09.2025

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

1. 2. Heard Mr. H. Mohapatra, 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 in absence of any pleading by the plaintiffs that Bibek Ghibala is not the adopted son of Niladri and Padma, the evidence adduced by the plaintiffs challenging the adoption of Bibek Ghibala can be permitted beyond their pleading and on such evidence, can a finding be drawn that Bibek Ghibala is not the adopted son of Niladri and Padma?

(ii). Whether the First Appellate Court as well as the Trial Court are justified to hold that it is the responsibility of the defendant no.7 to 12 (appellants) to prove that Bibek Ghibala is validly adopted by Niladri and Padma in absence of any challenge made by the plaintiffs having suitable pleading Signature Not in their plaint?

Verified Digitally Signed Signed by: AJAYA KUMAR RANA Designation: P.A. Reason: Authentication

Date: 04-Sep-2025 17:58:04

(iii). Whether the provisions under Hindu Adoption and Maintenance Act as well as the provisions of Section 101 & 102 of Indian Evidence Act can be relied upon by the learned First Appellate Court giving responsibility to defendant no.7 to 12 to prove the adoption of Bibek Ghibala in absence of any challenge made by the plaintiff to that to that effect and in presence of reliefs. sought for by the Plaintiffs in the Plaint to partition the suit properties among the parties including defendant no.7 to 12 who are the legal heirs of Bibek Ghibala?

4. No notice need be issued as the respondents have entered appearance through Mr. A. Mahakud.

5. Copies of the appeal memo be served upon the respondents.

6. Call for the LCR.

4. List this matter for hearing in the week commencing 27th October, 2025.

(Sashikanta Mishra) Judge

Order No. 1. Let a copy of this I.A. be served upon learned counsel for the

02. respondents, who may file their objection to the I.A.

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

2. Issue urgent certified copy on proper application.

(Sashikanta Mishra) Judge

A.K. Rana A.K. Rana