Sarathi @ Pakan Sahu @ vs Braja Kishore Prusty And Ors
2025 Latest Caselaw 8758 Ori

Orissa High Court

Sarathi @ Pakan Sahu @ vs Braja Kishore Prusty And Ors on 25 September, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 468 of 2025

            Sarathi @ Pakan Sahu @           .....                          Appellants
            Patra and Ors
                                                           Mr.S.K. Dash, Sr. Adv. with
                                                                Ms. P. Mohanty, Adv.
                                         -Versus-
            Braja Kishore Prusty and Ors. .....                            Respondents



                                        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. S.K. Dash, learned Sr. Counsel with Ms. P. Mohanty, 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 the learned First Appellate Court was correct in holding that relief of partition was not available to be granted, when the learned Trial Court moulded the prayer with reasons inasmuch as the parties admitted that they have 1/2 share each in the suit property?

(ii) Whether the First Appellate Court arbitrarily discarded the Registered Sale Deed, Ext.1, a document of 30 years old, despite proof of the custody thereof and rightly interfered with the discretion of learned Trial Court in presuming its due execution and attestation?

(iii) Whether the First Appellate Court erred in law

by a truncated reading of the yadast, Ext.3, and ignoring the finally published, Record of Rights, Ext.4?

(iv) Whether the judgment of the First Appellate Court is in conformity with the provision under Order-41, Rule-31 of CPC?

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) A.K. Rana Judge

A.K. Rana A.K. Rana