Anita Mohanty & Others vs Shantilata Das & Others on 1 July, 2025

Orissa High Court

Anita Mohanty & Others vs Shantilata Das & Others on 1 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    R.S.A. No.164 of 2020
            Anita Mohanty & others                        ......     Appellants
                                                                 Represented by
                                                        Mr. D.Mohanty, Advocate
                                           -Versus-
            Shantilata Das & others                         ....      Respondents
                                                                   Represented by

                    CORAM:
                          JUSTICE SASHIKANTA MISHRA
                                         ORDER

01.07.2025
Order No. 1. This matter is taken up through hybrid mode.

09.

2. Heard Mr. D.Mohanty, learned counsel for the appellants.

3. Perused the impugned judgments.

4. Considering the submissions and the grounds raised, the
second appeal is admitted on the following substantial questions of
law.

“I) Whether the learned 1st Appellate Court is justified in
reversing the judgment and decree passed by the learned
Civil Judge (Jr.Divn.), Balasore and thereby holding therein
that the plaintiffs/respondents are entitled to the doctrine of
feeding the grant by estoppels as envisaged under Section
43 of the Transfer of Property Act, 1882 ?

II) Whether the learned 1st Appellate Court is justified in
holding that the plaintiffs/respondents are to be protected in
view of Section 43 of the Transfer of Property Act, 1882 by
taking presumption under section 90 of the Indian Evidence
Act to Ext.4 and when the alleged execution is hit by Benami
Transaction Act ?

III) Whether the learned lower appellate Court is justified in
holding the Sale Deed dated 18.10.1968 is a valid one in
view of Section 43 of the Transfer of Property Act, 1882
when the execution of sale deed has not been duly proved ?

IV) Whether the learned 1st Appellate Court is justified in
reversing the judgment and decree passed by the learned

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Civil Judge and thereby dismissing the counter claim of the
appellants when the counter claim has valid cause of action
and maintainable under Section 34 of the Specific Relief
Act ?”

5. Issue notice to the respondents by registered Post with A.D.
making it returnable within four weeks. Requisites be filed within
a week.

6. Call for the L.C.R.

7. List this matter for hearing in the month of December, 2025
along with RSA No.163 of 2020.

(Sashikanta Mishra)
Judge
Manoj

Signature Not Verified
Digitally Signed
Signed by: MANOJ ROUT K
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 02-Jul-2025 11:22:55

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