Subala Mandal vs Bhupal Rai
2021 Latest Caselaw 11129 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            R.S.A. No.29 of 2018


            Subala Mandal                                              Appellant
                                                     ....
                                                    Mr.Basudev Mishra, Advocate

                                           -versus-
            Bhupal Rai                                ....             Respondent



                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

29.10.2021 Order No.

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

2. Heard Mr. B. Mishra, 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 questions of law:

(1) "Whether the courts below have erred in law in disbelieving the factum of execution of the Will (Ext.2) by the mother of the Plaintiff bequeathing her properties in favour of the Plaintiff holding that the execution of the same has not been duly proved in accordance with law?

(2) Whether in view of the finding of the Trial Court that no title has passed by virtue of the sale deed (Ext.A) in favour of the Defendant, the First Appellate Court has erred in

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law in holding that the sale deed Ext.A is operative and in force until declared as void by the Competent Court?"

4. Issue notice to the Respondent 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 13th December, 2021.

(D. Dash) Judge

H

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