RSA/51/2020
2021 Latest Caselaw 4733 Ori

                              RSA No.51 of 2020




2.   07.04.2021            This matter is taken up by video conferencing mode.

                           Heard learned counsel for the Appellants in the matter
                  of admission of the appeal.

                           Perused the judgments passed by the courts below.

                           The appeal is admitted on the following substantial
                  question of law:-

                           "1. Whether the First Appellate Court committed the
                  error by taking the settlement of land in favour of Chakradhar
                  Das the predecessor-in-interest of the Defendants to be one
                  under provision of OEA Act instead of taking it to be one under
                  the lease principle and thereby further committed the mistake in
                  holding that the said settlement would enure to the benefit of all
                  the co-sharers?

                           2. Whether the First Appellate Court ought to have
                  taken the settlement of the land to be one under lease principle
                  and as such held the property to be the self-acquired property of
                  Chakradhar, the predecessor-in-interest of the Defendants and
                  accordingly ought have recorded the finding that the Plaintiffs
                  are not entitled to any share over the said land?
                                   Issue    notice    to   the Respondents by registered
                        post with A.D. Steps be taken within a week hence. In that
                        event notice be issued, fixing a short returnable date.

                                  List this matter in the week commencing 11th May,
                        2021.

                                                                 ....................
                                                                  D. Dash, J.

I.A. No. 103 of 2020

3. 07.04.2021 Heard.

Issue noticed as above.

Accept one set of process fee.

As an interim, it is directed that status quo in respect of the suit property as it stands today shall be maintained by the parties till the next date of listing.

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No. 4587, dated 25th March, 2020.

....................

D. Dash, J.

Aks