Gorachand Goudo vs Balaram Goudo & Others
2021 Latest Caselaw 11028 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            R.S.A. No.99 of 2018


            Gorachand Goudo                                            Appellant
                                                  ....
                                             Mr.Samarendra Mohanty, Advocate

                                           -versus-
            Balaram Goudo & Others                    ....             Respondents
                                                           Mr. B. Swain, Advocate
                                                                       (Caveator)



                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

27.10.2021 Order No.

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

2. Heard Mr. Samarendra Mohanty, learned counsel for the Appellant in the matter of admission. Perused the judgments passed by the courts below.

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

"Whether the courts below are right in saying that the recording of the suit land in favour of one of the co-owners in the settlement record of right under Ext.1 would not enure to the benefit of all the co-owners where admittedly, the suit property were their ancestral property and when no such acceptable evidence and attending circumstances appear on record to conclude that in the previous partition amongst them

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this suit property had been allotted to the co-owner in whose favour the land has been recorded".

4. Issue notice to the Respondents 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 29th November,2021.

(D. Dash) Judge

H

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