Kamdev Panda & Others vs Biprabar Panda
2021 Latest Caselaw 11294 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            R.S.A. No.106 of 2020


            Kamdev Panda & Others                                      Appellant
                                                  ....
                                             Mr.Rabinarayan Behera, Advocates

                                           -versus-
            Biprabar Panda                            ....             Respondent



                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

03.11.2021 Order No.

05. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2. Heard Mr. R.N. Behera, learned counsel for the Appellants in the matter of admission of appeal. Perused the judgments passed by the courts below.

3. The Appeal is admitted on the following substantial question of law:

"Whether the First Appellate Court has erred in law in reversing the result of the Suit wherein the preliminary decree for partition of the properties in question had been passed by the Trial Court on the ground of previous partition, taking a view that the finding of the Trial Court that the previous partition was a partial is not sustainable on the face of the evidence on record?"

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4. Issue notice to the Respondent by Registered Post with A.D. Steps be taken within a week hence. In that event notice be issued fixing a short returnable date.

5. List this matter in the week commencing 20th December,2021.

(D. Dash) Judge ORDER 03.11.2021

I.A. No.251 of 2021 Order No.

06. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2. Heard.

3. Issue notice as above. Accept one set of process fee.

4. As an interim, it is directed that the parties shall not create any third party interest over the land as described in the order passed by the Trial Court.

5. Issue urgent certified copy as per rules.

(D. Dash) Judge Himansu