JUDGMENT :

Krushna Ram Mohapatra, J.

1. This appeal under Section 100 of Code of Civil Procedure, 1908 has been filed assailing the judgment and decree dated 24.01.1992 and 11.02.1992 respectively passed by learned Additional District Judge, Puri in Title Appeal No. 50/114 of 1986/1984, whereby he dismissed the appeal and confirmed the judgment and decree dated 27.08.1984 and 15.05.1984 respectively passed by learned Sub-ordinate Judge, Khordha in OS No. 6 of 1983.

1.1. By order dated 02.12.1992, the appeal was admitted on the following substantial questions of law.

"Whether the suit is barred under Section 73 read with Section 41 of the Orissa Hindu Religious Endowments Act, 1951?"

Subsequently, vide order dated 04.11.2020, some additional substantial questions of law have been framed for adjudication of the appeal, which are as follows;

"i) Whether in view of Section 73 read with Section 25 of the Orissa Hindu Religious Endowments Act, 1951, the suit for recovery of possession of property of public deity is maintainable?

(ii) Whether in view of dismissal of petition under Section 25 of the Orissa Hindu Religious Endowment Act, 1951 (OA No. 85/82), a suit for recovery of possession is ma