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Orissa High Court
Jitendra Prasad Mishra vs ) Jyotsnamayee Mishra on 21 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
RSA No.43 of 2026
Jitendra Prasad Mishra ..... Appellant
Represented by Adv. -
Debasish Samal
-versus-
1) Jyotsnamayee Mishra ..... Respondents
2) Jyotirmayee Mishra Represented by Adv. -
CORAM:
MR. JUSTICE ANANDA CHANDRA BEHERA
ORDER
21.01.2026
Order No.
01. 1. This matter is taken up through hybrid mode.
2. The learned counsel for the Appellant submitted a
memo and contended that, though, a Plot number has
been typed correctly in the ninth line of the Ground
No.(b) of the appeal memo as Plot No.1193, but,
inadvertently there is a typographical mistake of the
said Plot No.1193 in the 4th line of Ground No.(b) and
in the 6th line of Point No.(ii) in Para No.12 of the
appeal memo. Because, in the aforesaid places, the said
Plot number has been typed as Plot No.1183 instead of
Plot No.1193. For which, the said unintentional
inadvertent typographical mistakes in the appeal memo
is required to be allowed/permitted for its correction
before hearing of the appeal on the point of admission.
On the basis of the aforesaid submissions of the
learned counsel for the Appellant, I perused the appeal
memo and permitted the learned counsel for the
Appellant to correct Plot No.1183 as Plot No.1193 in
the 4th line of Ground No.(b) as well as in the 6th line of
Point No.(ii) of Para No.12 of the appeal memo in court
today directing the registry to make the above
corrections in the 4th line of the Ground No.(b) as well
as in the Point No.(ii) of Para No.12 of the appeal memo
in the official online entries thereof.
3. The aforesaid corrections are carried out by the
learned counsel for the Appellant in the Court.
4. Heard from the learned counsel for the Appellant
on the point of admission and perused the records along
with the Civil Court Amin Commissioner's report,
allotment sheets and maps.
5. Admit the 2nd appeal on formulation of the
following substantial questions of law i.e.:-
(i) "Whether, the impugned final decree passed
in C.S. No.398 of 2010 is not in conformity with
the law of partition"?
(ii) "Whether, the passing of the impugned final
decree in C.S. No.398 of 2010 in respect of a non-
suit Plot No.1437 in Mouza Jaipur leaving out
suit plot No.1193 in such Mouza without
assigning any reason for the same is sustainable
under law"?
(iii) "Whether the impugned final decree in C.S.
No.398 of 2010 has been passed illegally in
respect of impartible Tank/Gadia situated around
one ridge consisting of three suit Plots vide Plot
Nos.2363, 2361 and 2357 under Khata No.279 in
Mouza Biswanathpur?"
(iv) "Whether, the Pucca building on non-
consolidable Plot Nos.2364, 2360, 2359 and 2358
is not divisible in accordance with the report,
allotment sheets and maps submitted by the civil
Court Amin Commissioner in the final decree
proceeding of the suit vide C.S. No.398 of 2010
without demolition of such building making
homeless to the Appellant (Defendant No.1) and
whether for such reason, the final decree passed
in C.S. No.398 of 2010 and the judgment passed
in R.F.A. No.18/69 of 2024 are liable to be set
aside?"
(v) "Whether, the partition of non-suit Plot
No.1437 in Mouza Jaipur without providing any
road to reach the public road is contrary to the
law of partition"?
(vi) "Whether, the report, allotment sheets and
maps in the final decree of C.S. No.398 of 2010
submitted by the civil Court Amin Commissioner
are liable to be set aside/quashed and a fresh
Civil Court Amin commissioner is to be deputed
for partition of the suit properties as per law?"
(vii)"Whether, the impugned final decree passed
on dated 03.07.2024 in C.S. No.398 of 2010 by
the learned Civil Judge, (Sr.Division), Puri and
the judgment dated 24.11.2025 passed in R.F.A.
No.18/69 of 2024 by the learned 3rd Additional
District Judge, Puri are liable to be set aside"?
6. Issue notice to the Respondents.
7. Registry is directed to call for the photo copies of
the LCRs of this 2nd appeal.
8. The learned counsel for the Appellant is directed
to file requisites within seven working days for issuance
of notices to the Respondents through Speed Post.
9. List this matter on 10.03.2026.
( ANANDA CHANDRA BEHERA)
Judge
1. This I.A. has been filed by the Petitioner
(Appellant in the 2nd appeal vide R.S.A. No.43 of 2026)
praying for staying the execution and operation of the
final decree dated 03.07.2024 passed in C.S. No.398 of
2010 by the learned Civil Judge (Sr.Division), Puri as
well as the operation of the judgment dated 24.11.2025
passed in R.F.A. No.18/69 of 2024 by the learned 3 rd
Additional District Judge, Puri till final disposal of the
2nd appeal vide R.S.A. No.43 of 2026.
2. Heard from the learned counsel for the Petitioner.
3. As, this I.A. has arisen out of an appeal vide
R.S.A. N.43 of 2026 and as the R.S.A. No.43 of 2026
has already been admitted, for which, the execution and
operation of the final decree dated 03.07.2024 passed in
C.S. No.398 of 2010 by the learned Civil Judge
(Sr.Division), Puri as well as the operation of the
judgment dated 24.11.2025 passed in R.F.A. No.18/69
of 2024 by the learned 3rd Additional District Judge,
Puri are stayed till next date.
3. List this I.A. on 10.03.2026 for objection and
hearing.
4. Urgent certified copy of this order be granted to
the Petitioner/Appellant on proper application.
( ANANDA CHANDRA BEHERA)
Judge
Binayak
Location: High Court of Orissa, Cuttack
