Dhaneswar Nayak & Ors vs Bijaya Ku. Nayak
2022 Latest Caselaw 6467 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                             RSA No.52 of 2015
           Dhaneswar Nayak & Ors.       ....     Appellants

                                              -versus-

           Bijaya Ku. Nayak                      ....         Respondent

                                 CORAM:
                    JUSTICE BIRAJA PRASANNA SATAPATHY
                                    ORDER

10.11.2022 Order No

20. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard Mr. S.P. Mishra, learned Sr. Counsel appearing for the Appellants along with Mr. Soumya Mishra.

3. Admit.

4. Call for the LCR.

5. This appeal is admitted on the substantial question of law framed vide ground No. 8 and on the further ground as to whether in view of the provision contained under Section 44 of the T.P. Act read with Section 4 of the Partition Act, learned first Appellate Court is justified in reversing the judgment passed by the learned Trial Court.

6. Since Mr. D.P. Mohanty, learned counsel has entered appearance for the Respondent No. 1, copy of the appeal memo be served on him by Monday (14.11.2022).

7. List this matter after receipt of the LCR.

8. Interim order passed on 26.03.2015 shall continue till the next date.

(Biraja Prasanna Satapathy) Judge Sneha