Unknown vs (1) Whetherin The Facts And ...
2021 Latest Caselaw 3796 Ori

               R.S.A. No.64 of 2019

. 18.03.2021         HeardMr.A.K. Das, learned counsel appearing on behalf of
               Mr.B.P. Tripathy, learned counsel for the Appellants.

                     Perused the judgments passed by the lower appellate court
               in setting aside the judgment passed by the trial court.

                     The appeal is admitted on the following substantial
               questions of law:

                            (1) Whetherin the facts and circumstances of the case
                               and in view of the evidence on record, the lower
                               appellate court has committed grave error in
                               answering its formulated point(i) that the court
                               below's decision on issue no.(vii) is not correct.
                            (2) Whether the lower appellate court in the facts and
                               circumstances of the case and the evidence on
                               record has erred in law by not holding that the
                               defendant has failed to discharge the burden of
                               proof as to execution of the purported sale deed
                               (Ext.A=Ext.2) by the Plaintiff no.1 and thereby,
                               has not derived any right, title and interest over
                               the suit land pursuant to the said transaction
                               having no value in the eye of law?

                     Issue notice to the respondents by Registered Post with
               A.D. making it returnable within four weeks.
                              Requisites shall be filed within seven days.

                             List this matter in the week commencing from 17th May,
                     2021.

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

I.A. No.64 of 2019

05. 18.03.2021 Accepting the submission of the learned counsel for the Appellants, the Interim Application stands dismissed as not pressed.

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

D. Dash, J.

I.A. No.302 of 2020

06. 18.03.2021 Heard.

Issue notice as above.

Accept one set of process fee.

As an interim, the parties are directed to maintain status quo as it stands today in respect of the suit land as also they are directed not to create any third party interest in respect of the said suit land, till the next date of listing.

Urgent certified copy of this order be granted on proper application.

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

D. Dash, J.

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