p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK C.M.P No.1229 of 2026 Jainab Bibi & Ors. …. Petitioner(s) Mr. Srinibash Satapathy, Adv. -versus- Sk. Hakimuddin @ Sk. Abuli @ Sk. Abudi & Ors. …. Opposite Party(s) CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 29.07.2026 1. This matter is taken up through hybrid arrangement. 2. The petitioners, comprising the widow, three sons and daughter of late Sk. Abdul Mabood, claim that he was one of the sons and legal heirs of Sk. Labu alias Abdul Sattar, in whose name the ancestral homestead properties were recorded. Claiming a one-third share in these properties, the petitioners instituted C.S. No.292 of 2025 before the Civil Judge (Senior Division), Bhadrak, seeking partition, declaration of their share and permanent injunction. Upon the filing of the defendants’ written statement on 16.03.2026, they allegedly discovered that Sarwari Bibi had earlier instituted C.S. No.128 of 2025 concerning the same properties without impleading them. Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Jul-2026 18:38:55 Signature Not Verified p. 2 A compromise petition dated 24.03.2025 was filed in that suit, pursuant to which the Civil Judge, sitting in the National Lok Adalat, passed a final decree on 10.05.2025 partitioning the properties among the parties to that proceeding. 3. The petitioners submit that the compromise decree was obtained through fraud, collusion and suppression of material facts, as their existence and that of late Sk. Abdul Mabood were allegedly concealed through a false genealogy despite their status as co-sharers and necessary parties. Reliance is placed upon Registered Gift Deed No.525 dated 21.03.1988 and Registered Sale Deed No.617 dated 15.04.1993, which are stated to acknowledge Sk. Abdul Mabood as a son of the common ancestor. It is contended that a compromise among selected heirs could neither extinguish the inheritance rights of non-parties nor bind the petitioners, and that the Civil Judge committed a jurisdictional error by accepting the compromise without ensuring the presence of all interested co-sharers. As the impugned decree is alleged to be fraudulent and a regular appeal against a compromise decree is stated to be unavailable, the petitioners invoke Article 227 seeking quashing of the decree dated 10.05.2025, a declaration that the compromise is not binding upon them, and maintenance of status quo over the suit properties. Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Jul-2026 18:38:55 Signature Not Verified p. 3 4. The petitioners submit that the compromise decree was obtained through fraud, collusion and suppression of material facts, as their existence and that of late Sk. Abdul Mabood were allegedly concealed through a false genealogy despite their status as co-sharers and necessary parties. Reliance is placed upon Registered Gift Deed No.525 dated 21.03.1988 and Registered Sale Deed No.617 dated 15.04.1993, which are stated to acknowledge Sk. Abdul Mabood as a son of the common ancestor. It is contended that a compromise among selected heirs could neither extinguish the inheritance rights of non-parties nor bind the petitioners, and that the Civil Judge committed a jurisdictional error by accepting the compromise without ensuring the presence of all interested co-sharers. As the impugned decree is alleged to be fraudulent and a regular appeal against a compromise decree is stated to be unavailable, the petitioners invoke Article 227 seeking quashing of the decree dated 10.05.2025, a declaration that the compromise is not binding upon them, and maintenance of status quo over the suit properties. 5. Issue notice to the Opposite Parties on the question of admission by Registered Post with A.D./Speed Post, requisites for which shall be filed within three working days. Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Jul-2026 18:38:55 p. 4 6. List this matter on 13.08.2026. (Dr. Sanjeeb K Panigrahi) Judge Sipun