Mataji Jena vs Suresh Kumar Gorisoria And
2026 Latest Caselaw 461 Ori

Orissa High Court

Mataji Jena vs Suresh Kumar Gorisoria And on 19 January, 2026

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                  RSA No.576 of 2025
Mataji Jena                  .....       Appellant
                                                    Represented by Adv. -
                                                    Sourav Suman Bhuyan

                                -versus-
Suresh Kumar Gorisoria and                 .....             Respondents
others
                                                   Represented by Adv. -
                                                   Mr.S.Nayak, ASC

                     CORAM:
       MR. JUSTICE ANANDA CHANDRA BEHERA

                               ORDER

19.01.2026 Order No.

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

2. Heard the 2nd appeal on the point of admission.

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

(i) "Whether, the judgment and decree passed by the learned 1st Appellate Court in the 1st Appeal vide R.F.A. No.47 of 2022 is not inconformity with the provisions of law under Order 41 Rule 31 of the C.P.C. due to non-formulation of any point for determination for deciding the 1st Appeal vide R.F.A. No.47 of 2022?"

(ii) "Whether, when the learned Trial Court as well as the learned 1st Appellate Court both have held that, the registered agreement vide Ext.3 was executed by the Defendant Nos.1 and 2 in respect

of the suit properties in favour of the Plaintiff, then, whether it was the duty of the learned Trial and the learned 1st Appellate Court to pass the decree for specific performance of contract in favour of the Plaintiff directing the Defendants for execution and registration of the sale deed in favour of the Plaintiff with specific direction?"

(iii) "Whether, the Defendant Nos.3 and 4 (Respondent Nos.3 and 4) are the bona fide purchasers for value in respect of the suit property without any knowledge about the agreement for sale vide Ext.3 executed by the Defendant Nos.1 and 2 in favour of the Plaintiff for defeating the prayers of the Plaintiff made in the suit vide T.S. No.337 of 1996?"

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 20.03.2026.

( ANANDA CHANDRA BEHERA) Judge

1. The operation of the judgments and decrees passed in the suit vide T.S. No.337 of 1996 as well as

the 1st Appeal vide R.F.A. No.47 of 2022 be stayed till next date.

2. List this I.A. on 20.03.2026 for objection and hearing.

( ANANDA CHANDRA BEHERA) Judge Binayak

Location: High Court of Orissa, Cuttack