Narayan Pallei vs Lingaraj Pallei & Another
2023 Latest Caselaw 1521 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                R.S.A. No.227 of 2022

            Narayan Pallei                                                         Appellant
                                                         ....
                                                           Mr.M. Mohanty, Advocate
                                              -versus-
            Lingaraj Pallei & Another                    ....                  Respondents


                     CORAM:
                     MR. JUSTICE D.DASH
                                         ORDER

Order No.                               17.02.2023
   01.      1.      This matter is taken up through hybrid arrangement
            (virtual/physical mode).

2. Heard Mr. M. Mohanty, learned counsel for the Appellant in the matter of admission of this Appeal.

Perused the judgments passed by the courts below.

3. The Appeal is admitted to answer the following substantial questions of law:

"(a) Whether the First Appellate Court is right in including the immovable properties covered under Ext.A for being liable to be partitioned between the Appellant (Plaintiff) and Respondent No.1 (Defendant) by overlooking that the said land has been recorded in the name of the Appellant (Plaintiff) in the consolidation operation which by the time of suit was holding the field for a long period of about fifteen years?

(b) Whether the First Appellate Court on the face of the record of right under Ext.1 is right in saying that the

// 2 //

Respondent No.1 (Defendant No.1) is also the co-sharer in respect of the said property so as to be entitled the share therein?"

4. Issue notice to the Respondents by Registered Post with A.D. Steps be taken within a week. In that event notice be issued fixing a short returnable date.

5. List this matter in the week commencing 17th April, 2023.

                                                            (D. Dash)
                                                              Judge


                                         ORDER
                                        17.02.2023
  Order No.                         I.A. No.18 of 2023
      02.     1.      This matter is taken up through hybrid arrangement
              (virtual/physical mode).

              2.      Heard.

3. Issue notice as above. Accept one set of process fee.

4. As an interim, it is directed that the parties shall maintain status quo in respect of the suit property till the next date of listing.

5. Issue urgent certified copy as per rules.

(D. Dash) Judge

Himansu