Dulam Devi And Others vs Maina Bibi And Others
2022 Latest Caselaw 404 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK


                                   R.S.A. No.30 of 2021

                 Dulam Devi and others                 ....           Appellants
                                                    Mr. G. Mishra, Sr. Advocate
                                            -versus-
                 Maina Bibi and others                 ....          Respondents
                                                  Mr. S.K. Mishra, Advocate for
                                                              Respondent No.1

                                           CORAM:
                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              19.01.2022

    02.     1.      This matter is taken up through Video Conferencing Mode.

2. Heard. Admit. The Second Appeal be heard on the following substantial question of law;

I. Whether the impugned judgment of the learned lower appellate court is not sustainable in the eye of law since the learned lower appellate court has passed the judgment and decree contrary to the principle and procedure laid down by Hon'ble Supreme Court of India in the case of Santosh Hazari vrs. Prursottam Tiwari : reported in AIR 2001 SC 965?

II. Whether the approach of the first appellate court in deciding the appeal in a very casual and slipshod manner without answering all the issues raised by the appellant is justified and legally sustainable?

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III. Whether the lower appellate court was legally correct in answering the appeal with a find to the effect that sale deed in favor of the plaintiffs is only a paper transaction and there was no land further to the North of suit land to be sold to the vender of the plaintiffs and as such, the learned trial court failed in its duty to frame an issue in that regard? Whether the lower appellate court should have remanded the matter? IV. Whether the plaintiff has provided his possession over the suit land by adducing evidence and by establishing his title over the suit land and whether the finding of the lower appellate court on the aforesaid issue is perverse?

Any other substantial question of law to be formulated at the time of hearing.

3. Mr. S.K. Mishra, learned counsel entered appearance on behalf of the Respondent No.1 and submits that he has already filed his Vakalatnama.

4. Let a copy of the appeal memo be served on Mr. S.K. Mishra within a week.

5. Issue notice on the question of hearing to the Respondent Nos.2 and 3 by Registered Post with A.D. by fixing a short returnable date. Requisites shall be filed within three working days.

( A.K. Mohapatra) Judge Jagabandhu