Alaranath Dhanda College Decree Quashed

Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: August 3, 2026

Case Overview

• Parties: Alaranath Dhanda Mulaka Mahavidyalaya (through Secretary cum Principal) as appellant; Laxmidhara Samantasinghara (deceased) thr. LRS & others as respondents.
• Background: Gift deed executed on 4 Oct 1978 by Defendant No.2 (father) in favour of Defendant No.1 (college). College functional from Sep 1981. In 1989, plaintiffs (sons of Defendant No.2) filed suit challenging the gift deed, alleging land was joint family property. Decree ex parte dated 01‑07‑2000 was passed against Defendant No.1.
• Delay: Decree execution delayed for over 15 years; Defendant No.1 learned of decree only after 2016 and filed execution application.
• Lower courts: District and Sessions Judge (Puri) on 08‑02‑2018 set aside ex parte decree under Section 5 Limitation Act, condoning delay. High Court on 18‑09‑2019 reversed that order, finding insufficient explanation for delay.
• Appeal: Supreme Court considered the revision and found High Court erred; noted decree was collusive and that Defendant No.2 had provided sufficient explanation.

Final Outcome

• The ex parte decree dated 01‑07‑2000 (T.S.No.159/1989) is quashed and set aside.
• The suit is restored to its original number for trial on an expeditious basis.
• Parties are directed to appear before the Trial Court on 08‑09‑2026.
• Any pending applications shall stand disposed of.

Topics: Legal Dispute, Property Law