Gagan Bihari Guru & Others vs Dhadi Rout & Others
2021 Latest Caselaw 11363 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   R.S.A. No.391 of 2018

            Gagan Bihari Guru & Others              ....           Appellant
                                             Mr.Amit Prasad Bose, Advocate

                                          -versus-
            Dhadi Rout & Others                     ....        Respondents
                                     Mr.B.S. Panigrahi, Advocate (Caveator)



                        CORAM:
                        MR. JUSTICE D.DASH
                                         ORDER

06.11.2021 Order No.

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

2. Heard Mr. P.C. Acharya, 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 Mathuri Rout, the original Defendant No.6 having not challenged the registered sale deed dated 18.03.1939 within three years of her attaining majority nor even during her lifetime raising the question that though it shows to have been executed by her grandfather for self and on her behalf, he had neither the authority in law to do so nor the sale was for the benefit of the Defendant No.6; the courts below are right in holding the sale deed to be illegal and inoperative?"

// 2 //

4. Since Mr. B.S. Panigrahi, learned counsel has already entered appearance on behalf of the Respondent No.26 by filing caveat;

learned counsel for the Appellants is directed to serve the copy of the Memorandum of Appeal upon him so as to enable him to get ready for hearing of the Appeal on the above substantial question of law.

5. List this matter on 9th December, 2021.

(D. Dash) Judge

Himansu