Susama Behera vs Pabitra Kumar Rout And Others
2021 Latest Caselaw 11482 Ori

Citation : 2021 Latest Caselaw 11482 Ori
Judgement Date : 9 November, 2021

Orissa High Court

Susama Behera vs Pabitra Kumar Rout And Others on 9 November, 2021

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     RSSA No.95 of 2020
            Susama Behera                          ....         Appellant
                                          Mr. S.K. Samantaray, Advocate
                                     -versus-
            Pabitra Kumar Rout and others          ....      Respondents


                          CORAM:
                          JUSTICE B. P. ROUTRAY
                                         ORDER

09.11.2021 Order No.

02. 1. Heard.

2. Admit.

3. The following substantial questions of law arise for consideration in this appeal.

(a) Whether the suit schedule-A property was a joint family property of the Plaintiff on the date of purchase by Defendant No.1 and whether any right of pre-emption was there in favour of the Plaintiff ?

(b) Whether the transfer by sale in favour of Defendant No.1 (the present Appellant) was effected in violation of Section 22 of the Hindu Succession Act ?

4. Issue notice to Respondent Nos.1 to 4 by registered post with A.D. fixing a short returnable date. Requisites shall be filed within a week.

7. List this matter on 28th February, 2022.

I.A. No.600 of 2021

8. There shall be stay operation of the impugned judgment and decree dated 29.7.2017 of the learned Civil Judge (Sr. Divn.), Kendrapara till 28th February, 2022.

9. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik