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2026 Supreme(Ori) 514

IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Ankura Charana Sahoo – Appellant
Versus
Sarat Chandra Majhi – Respondent


Advocates Appeared:
For the Appellant : S.K. Nayak
For the Respondent: A. Moharana

Table of Content
1. ownership and possession of disputed properties (Para 4)
2. validity of gift deed and necessary parties (Para 5 , 11)
3. requirements under law for alienation of property (Para 12 , 14 , 23)
4. deity as a juristic person with property rights (Para 21)
5. non-joinder of necessary parties renders suit invalid (Para 22 , 24 , 26)

JUDGMENT :

A.C. BEHERA, J.

1. This 2nd appeal has been preferred against the reversing judgment.

2. The appellant in this 2nd appeal was the sole plaintiff before the leaned trial court in the suit vide C.S. No. 259 of 2014-I and respondent no.1 before the learned 1st appellate court in the 1st appeal vide R.F.A. No.30 of 2019.

3. The respondents in this 2nd appeal were the defendants before the learned trial court in the suit vide C.S. No.259 of 2014-I and the appellant along with respondent nos.2 and 3 before the learned 1st appellate court in the 1st appeal vide R.F.A. No.30 of 2019.

The suit of the plaintiff(appellant in this 2nd appeal) against the defendants(respondents in this 2nd appeal) vide C.S. No.259 of 2014-I was a suit for declaration and permanent injunction.

4. The suit properties are M.S. Khata No.288, Plot No.437 A.1.47 decimals and

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