Dibakar Dash vs Laxmipriya Dash & Others
2022 Latest Caselaw 5777 Ori

           IN THE HIGH COURT OF ORISSA AT CUTTACK

                           RSA No.234 of 2017


         Dibakar Dash                         ....           Appellant
                                          Mr.D.N.Mohapatra, Advocate
                                     -versus-

         Laxmipriya Dash & Others               ....       Respondents
                                                 Mr.B. Baug, Advocate

                  CORAM:
                  MR. JUSTICE D.DASH

                                   ORDER

Order                             19.10.2022
No.

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

3. It is stated at the Bar that Respondent No.5 (Defendant No.5) having died on 04.06.2015, the First Appeal has been heard and disposed of by the judgment dated 06.04.2017 followed by drawal of the preliminary decree. The suit filed by this Appellant, as the Plaintiff, seeking partition, having been dismissed, he had carried the First Appeal and there the preliminary decree has been passed allotting properties to the parties more importantly also to the Respondent No.5. Now, this Appellant (Plaintiff) being aggrieved by the allotment of the share, as has been shown by the First Appellate Court, has filed the present Second Appeal.

// 2 //

In the above state of affairs, the question arises as to if in the above eventuality, the judgment and preliminary decree passed by the First Appellate Court, which are under challenge in this Second Appeal are nullities and that is required to be answered first before proceeding to answer the substantial questions of law framed while admitting of this Appeal.

List this matter on 5.11.2022.

(D.Dash) Judge

Basu