Padma Charan Sahu vs Khageswar Patra(dead)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ori) 339

IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Padma Charan Sahu – Appellant
Versus
Khageswar Patra(dead) – Respondent

Advocates:
Advocate Appeared:
For the Appellants :Mr. A.K. Mishra, Advocate
For Respondents:Mr. L. Pradhan, Advocate

Table of Content
1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5)
2. court's observations regarding trial court's duties. (Para 12 , 30)
3. arguments regarding maintainability and procedural flaws. (Para 14 , 15)
4. invalidity of sale deed concerning deity's property. (Para 19 , 20 , 22 , 24 , 28)
5. final conclusion: appeal allowed, suit dismissed. (Para 33)

JUDGMENT :

A.C. BEHERA, J.

This 2^nd appeal has been preferred against the confirming judgment.

2. The appellants in this 2^nd appeal were the defendants before the trial court in the suit vide T.S. No.06 of 1988 and appellants before the 1^st appellate court in the 1^st appeal vide T.A. No.14 of 1990.

The predecessor of the respondents in this 2^nd appeal, i.e., Khogeswar Patra was sole plaintiff before the trial court in the suit vide T.S. No.06 of 1988 and respondent before the 1^st appellate court in the 1^st appeal vide T.A. No.14 of 1990.

3. The suit of the plaintiff (Khogeswar Patra) vide T.S. No.06 of 1988 before the trial court against the defendants was a suit for recovery of possession. The suit properties are Khata No.61, Plot No.752 A0.035 decimals in Mouza Nuagaon under Baliguda Tahasil in the district of Phulbani.

4. T