Alok Mohapatra And Others vs Ashok Kumar Mahapatra
2021 Latest Caselaw 11820 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    RSA No.362 of 2017
             Alok Mohapatra and others          ....        Appellants
                                          Mr. A.K. Mohanty, Advocate
                                   -versus-
             Ashok Kumar Mahapatra              ....      Respondents


                         CORAM:
                         JUSTICE B. P. ROUTRAY
                                        ORDER

16.11.2021 Order No.

04. 1. Heard Mr. A.K. Mohanty, learned counsel for the Appellant.

2. The present appeal is against confirming judgment of the learned First Appellate Court.

3. The suit was for performance of specific contract. The Appellants were the Defendants. Plaintiff filed the suit for execution of the specific contract executed by the father of the Defendants. The suit was decreed with specific finding of the learned trial court as well as learned First Appellate Court that the unregistered contract executed by the father of the Defendants can be acted upon by the plaintiff to pursue their right in the suit. Admittedly, the Defendants did not dispute the signature of the father in the said contract which was executed on 3.11.2004.

4. Thus upon perusal of the reasonings and findings given by the learned trial court as well as First Appellate Court, no case is made out in favour of the Defendants for admission of the appeal.

5. The appeal is dismissed.

( B.P. Routray) Judge

B.K. Barik