Saroj Kumar Mohanty vs ) Ashok Kumar Mohanty
2026 Latest Caselaw 360 Ori

Orissa High Court

Saroj Kumar Mohanty vs ) Ashok Kumar Mohanty on 15 January, 2026

      IN THE HIGH COURT OF ORISSA AT CUTTACK
                    RSA No.542 of 2025
Saroj Kumar Mohanty             .....     Appellant
                                                     Represented by Adv. -
                                                     Manmaya Kumar Dash

                                  -versus-
1) Ashok Kumar Mohanty                  .....                 Respondents
2) Pramod Kumar Mohanty                             Represented by Adv. -

                    CORAM:
      MR. JUSTICE ANANDA CHANDRA BEHERA
                     ORDER

15.01.2026 Order No.

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

2. Heard.

3. Admit the 2nd appeal on formulation of following substantial question of law i.e.:-

(i) "Whether, the allotment sheets and the map prepared by the survey knowing Amin Commissioner in the final decree proceeding of the suit vide C.S. No.153 of 2016 are self-

contradictory for setting aside the judgment and decree passed in the final decree in the suit for partition vide C.S. No.153 of 2016 by the learned Civil Judge, (Sr.Division), Bhubaneswar as well as the judgment and decree passed in RFA No.130 of 2024 by the learned 1st Appellate Court in the 1st Appeal vide R.F.A. No.130 of 2024 by the learned District Judge, Khurda?"

4. Registry is directed to call for the LCRs of the 2nd appeal.

5. Issue notices to the Respondents.

6. The learned counsel for the Appellant is directed to file requisites for issuance of notices to the Respondents through Speed Post with A.D. within seven days.

7. List this matter on 24.03.2026.

( ANANDA CHANDRA BEHERA) Judge

1. The operation of the final decree passed in C.S. No.153 of 2016 by the learned Civil Judge (Sr.Division), Bhubaneswar as well as the judgment and decree passed in R.F.A. No.130 of 2024 by the learned District Judge, Khurda be stayed till next date.

2. The learned counsel for the Appellant is directed to file requisites for issuance of notices to the Respondents through Speed Post with A.D. within seven days.

3. List this I.A. on 24.03.2026 for objection and hearing.

4. Urgent certified copy of this order be granted to the Appellant on proper application.

( ANANDA CHANDRA BEHERA)

Judge Binayak Location: High Court of Orissa, Cuttack Date: 16-Jan-2026 11:21:08