Smt. Bijaya Devi vs Sri Lingaraj Mahaprabhu
2022 Latest Caselaw 294 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                          RSA No.240 of 2019
                 Smt. Bijaya Devi                                ....           Appellant
                                               Mr. Susanta Kumar Dash, Advocate
                                               -versus-
                 Sri Lingaraj Mahaprabhu, Bije
                 Bhubaneswar and Others                          ....     Respondents



                             CORAM:
                             SHRI JUSTICE B. P. ROUTRAY
                                             ORDER

11.01.2022 Order No.

02. 1. The matter is taken up through virtual mode.

2. Heard Mr. S.K. Dash, learned counsel for the Appellant.

3. The appeal is admitted on the following substantial questions of law:-

" i) Whether the Sale Deed under Ext.7 and the Deed of Exchange under Ext.8 substantially proves the transfer of the suit land in favour of the Plaintiff through his mother; and

ii) Whether the judgment of 1st Appellate Court is unsustainable in absence of formulation of any point under Order 41, Rule-31, C.P.C. in terms of the decision reported

in 2020 4 SCC 313, Malluru Mallappa (dead) through Legal Representative v. Kuruvathappa and Others ?"

4. Issue notice to the Respondents by Registered Post with A.D. fixing short returnable date for which requisites be filed within seven days.

5. List on 9th May, 2022.

6. Copy of this order be uploaded in the High Court's Official Website as per Court's Notice No.514 dated 7th January, 2022.

( B.P. Routray) Judge M.K.Panda