Bamudi Mukta vs Golapali Chhayalu Pradhan
2025 Latest Caselaw 8757 Ori

Orissa High Court

Bamudi Mukta vs Golapali Chhayalu Pradhan on 25 September, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 465 of 2025

            Bamudi Mukta                     .....                            Appellant

                                                                   Mr. A. Mishra, Adv.
                                             -Versus-
            Golapali Chhayalu Pradhan         .....                        Respondents
            and Ors



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

25.09.2025

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

1. 2. Heard Mr. A. Mishra, 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 both the courts below are justified in dismissing the suit of the plaintiff holding therein that the plaintiff has no cause of action to bring the suit and accordingly the suit is not main tenable when in the given facts and circumstances, the plaintiff prayed for declaration of title by way of adverse possession and cancellation of sale deed and when there is a cloud over the title of the plaintiff in view of the subsequent execution of sale deed appertaining to suit schedule land?

(ii) Whether both the courts below are justified dismissing the suit of the plaintiff, when admittedly the plaintiff has cause of action and when the sale deeds in favour of Defendant No.2 to 5 are in complete one as per Section 54 of the Transfer of Properties Act?

4. Issue notice to the respondents by registered post with A.D., returnable within four weeks. Requisites shall be filed within three working days.

5. Call for the LCR.

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

(Sashikanta Mishra) Judge

Order No. 1. Status quo with regard to the suit property as on date shall be

02. maintained by both the parties till the next date.

2. Issue urgent certified copy on proper application.

(Sashikanta Mishra) A.K. Rana Judge

A.K. Rana A.K. Rana