Rabindra Bhanja vs Parsuram Pradhan And Another
2026 Latest Caselaw 850 Ori

Orissa High Court

Rabindra Bhanja vs Parsuram Pradhan And Another on 2 February, 2026

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MATA No.16 of 2021
            Rabindra Bhanja                            ....          Appellant(s)
                                                   Represented by Adv.-
                                     Mr. Pravat Kumar Mohanty, Advocate
                                     -Versus-
            Parsuram Pradhan and another        ....       Respondent(s)
                                                            Represented by Adv.
                                                       Mr. B.S. Sahoo, Advocate
                               CORAM:
             HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
                                          AND
                  HON'BLE MR. JUSTICE SIBO SANKAR MISHRA

                                          ORDER

Order No.                                02.02.2026
                                       (Hybrid mode)
    05.      1.        Heard Mr. Pravat Kumar Mohanty, learned counsel for the

appellant and Mr. B.S. Sahoo, learned counsel for the respondent No.1.

2. The wife of the appellant expired on 14.04.2014 leaving behind a minor daughter and a minor son. The appellant as petitioner filed C.P No.164/2014 before the learned Judge, Family Court, Rourkela under Sections 7 & 10 of the Guardian and Wards Act 1890 praying to declare him as the legal guardian of those minors.

3. The respondent No.1 being the maternal grandfather, with whom both the minors stayed after the death of their mother, also filed C.P. No.135/2014 before the learned Judge, Family Court, Rourkela under Sections 7 & 10 of the Guardian and Wards Act

1890 praying to declare him as the legal guardian of those two minors.

4. As both the CPs arose from same cause of action, learned Judge, Family Court, Rourkela by a common Judgment and decree dated 13.01.2021 allowed the C.P. No.135 of 2014 preferred by the respondent grandfather and dismissed the C.P. No.164 of 2016 filed by the appellant father with the following order:-

"For the reasons, as discussed above, C.P. No.135 of 2014 filed by the petitioner Parsuram Pradhan, is allowed on contest against the respondent. The petitioner Parsuram Pradhan, the grand-father of the minors namely Prameeti Bhanja and Baivab Bhanja is hereby appointed as guardian of the minors till they attain the age of majority. On the other hand, C.P. No.164 of 2016 instituted by Rabindra Bhanja is dismissed on contest."

5. Aggrieved by the aforementioned Judgment dated 13.01.2021 of learned Judge, Family Court, Rourkela, the appellant has preferred the present appeal.

6. The appeal has been pending since 2021. It was heard on many occasions by this Court and eventually on 25.07.2025, on consent of both the parties, the matter was referred to the High Court of Orissa Mediation Centre for exploring the possibility of settlement. The parties have appeared in the Mediation Centre and successfully explored the settlement terms. Accordingly, the High Court of Orissa Mediation Centre placed on record the mediation report dated 15.10.2025. For convenience of ready reference, the mediation report is reproduced hereunder:-

"Pursuant to order of the Hon'ble High Court dtd.25.07.2025, mediation was held in more than five different sittings.

Today, both the parties are present through virtual mode at High Court of Orissa Mediation Centre, Aain Seva Bhawan, Cuttack. Counsel for the appellant is also present through VC. I persuaded and generated various options to settle the dispute between the parties. After several persuations, both the parties have agreed to settle the matter amicably on the following terms and conditions:

1. That, the respondent agreed and allow the appellant to meet his children.

2. That, the appellant agreed to take over the educational expenditure and other expenses of his both the children, if children express their willingness to remain with their father and take the responsibility as guardian.

3. That, the children are at liberty to reside with whom they want.

4. That, the appellant will visit the respondent's house as and when he wants to meet his children.

Hence, in the above circumstance, the mediation became "Successful".

7. Learned counsel for both the parties have conjointly submitted that in view of the successful mediation terms, the appeal could be disposed of. Both the counsels, on instruction, from their respective clients undertake that their client would scrupulously follow and comply the terms of settlement.

8. The terms of settlement as reflected in the mediation report shall be form part of this order. The parties are bound by the terms of settlement.

9. In view of the aforementioned, nothing survives in the appeal. Accordingly, the impugned common judgment and order dated 13.01.2021 passed by the learned Judge, Family Court, Rourkela in C.P. No.135 of 2014 as well as C.P. No.164 of 2016 is modified in the terms mentioned above.

10. With this observation, this Appeal is disposed of.

(Manash Ranjan Pathak) Judge

(Sibo Sankar Mishra) Judge

Swarna

Designation: Senior Stenographer

Location: High Court of Orissa Date: 03-Feb-2026 16:54:42