Brajabandhu Pala @ Braja Kishore vs Bhubaneswar Samantaray &
2021 Latest Caselaw 10930 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                RSA No.47 of 2021

            Brajabandhu Pala @ Braja Kishore ....                  Appellant
            Pala
                                                         Mr.R.P. Mohapatra

                                        -versus-

            Bhubaneswar Samantaray &               ....           Respondent
            Others

                      CORAM:
                      MR. JUSTICE D.DASH
                                       ORDER

25.10.2021 Order No.

02. 1. This matter is taken up by hybrid arrangement (virtual/physical mode)

2. Heard Mr. Mohapatra, learned counsel for the Appellant in the matter of admission. Perused the judgments passed by the Trial Court as well as the First Appellate Court.

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

(A) Whether on the face of the finding that Schedule-B property is the joint family property and as such liable for partition, the Courts below even by disbelieving the claim of prior partition so as to sustain the claim over Schedule-A property on the strength of the sale deed as has been advanced by the Plaintiffs; have erred in law by refusing to grant the alternative relief of partition of Schedule-B property with the

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order of adjustment of the property purchased by the plaintiff under Schedule-A towards the share of his vendors, i.e. Defendant Nos.3 and 4."

3. Since there are several Respondents, the Appellant is directed to take steps for service of notice of hearing of this appeal on both ways, i.e, through the process of court as also by registered post with AD. Steps be taken within two weeks hence.

In the above event, notice be issued fixing short returnable date.

List this matter in the week commencing 06.12.2021.

(D. Dash), Judge.

Basu