Jilani Saha Umar vs Mallik Haroon And Others
2022 Latest Caselaw 856 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  RSA No.20 of 2020

            Jilani Saha Umar                         ....            Appellant
                                             Mr. B.H. Mohanty, Sr. Advocate
                                        -versus-
            Mallik Haroon and others                 ....        Respondents


                      CORAM:
                      JUSTICE A.K.MOHAPATRA

                                         ORDER

31.01.2022 Order No.

01. 1. This matter is taken up through Video Conferencing mode.

2. Heard.

3. Admit. Call for the LCR.

4. Having heard learned counsel for the Appellant, this Court has framed the following substantial question of law for consideration at the time of hearing:

i) Whether the Judgment of the learned lower appellate court suffers from a gross illegality like non-consideration of material documentary evidences on record, i.e. Exts. B, C, H, J and K, in which the Plaintiffs have categorically acknowledged the prior partition in the family by executing documents without challenging the other documents executed in favour of other strangers of the family, to come to a conclusion that the Defendant No.1 has failed to prove previous partition in the family?

5. Issue notice of hearing to the Respondent nos.1 and 2 by Registered Post with A.D., fixing a short returnable date. Requisites shall be filed within three working days.

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6. Notice of hearing to Respondent Nos.3 to 7 are dispensed with for the time being.

(A.K. Mohapatra) Judge U.K.Sahoo