Smt. Sajaya Kumari Samantaray And vs Bipin Bihari [email protected] And
2022 Latest Caselaw 4366 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                FAO No.320 of 2018
            Smt. Sajaya Kumari Samantaray and      ....         Appellants
            another
                                                Mr. A.P. Bose, Advocate
                                     -versus-
            Bipin Bihari [email protected] and         ....       Respondents
            others
                            Mr. N.P. Patra, Advocate for Respondent No.1
                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                        ORDER

05.09.2022 Order No. M.C. No.487 of 2018

05. 1. Since the certified copy of the impugned order has been filed, the M.C. is disposed of.

M.C. No.488 of 2018

2. Heard Mr. A.P. Bose, learned counsel for the Appellants and Mr. N.P. Patra, learned counsel for the Respondent No.1.

3. Present appeal along with leave application has been filed on 27.03.2018 against the order passed in Test Case No.19 of 2008 (Probate Misc. Case) dated 23rd April, 2012.

4. It is specifically contended in the limitation petition that the Appellants, who were not made parties in the probate case, had no knowledge of such order passed by the court and only in February, 2018 when said fact was disclosed and the Will was produced in C.S. No.4440/2015, it came to their knowledge. As such the delay in filing the appeal occurred.

5. Mr. N.P. Patra, learned counsel for the Respondent No.1 does not raise any serious objection to such contention of the appeal.

6. Upon hearing both the parties and considering the grounds taken in the petition, the delay in filing the appeal is condoned.

7. The M.C. is disposed of.

M.C. No.489 of 2018

8. Heard Mr. A.P. Bose, learned counsel for the Appellants and Mr. N.P. Patra, learned counsel for the Respondent No.1.

9. Admittedly, the testator - Biswanath Sahoo died leaving behind his widow and six sons. Present Appellants are the widow and son of one of the sons of the testator, namely, Bibhuti Bhusan Samantaray. As seen from the copy of the impugned judgment, none of the natural legal heirs of Biswanath Sahoo - the testator has been made party to the proceeding except Bibekananda Samanta as pro-forma opposite party.

10. Upon hearing both the parties and considering the natural relation of the present Appellants with the testator, the Appellants are permitted to pursue the appeal against the impugned judgment passed in the probate case and leave is granted.

11. The M.C. is allowed.

FAO No.320 of 2018

12. List this matter on 17th October, 2022.

( B.P. Routray) Judge

B.K. Barik