Kuntala Patel & Others vs Sushama Patel & Others
2023 Latest Caselaw 12865 Ori

                                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                  R.S.A. NO.159 OF 2023
                                   Kuntala Patel & Others               ....           Appellants
                                                                         Mr.S.S. Rao, Advocate
                                                             -versus-
                                   Sushama Patel & Others               ....        Respondents
                                                                                         -------
                                            CORAM:
                                            MR. JUSTICE D.DASH
                                                           ORDER

               Order No.                                  17.10.2023
                        03.        1.     This matter is taken up through hybrid arrangement
                                   (virtual/physical) mode.

2. Heard learned Counsel for the Appellants and on going through the judgments passed by the Courts below, the Appeal is admitted to answer the following substantial question of law:-

"Whether the Courts below are right, both on fact and law in construing the document Ext.1 to be the deed of sale, when the Plaintiffs themselves assert the same to be an agreement for sale and the Defendants have also not said anything pin-pointedly in that light and dismissing the suit on that ground?

3. Issue notice to the Respondents by Registered Post with AD. Steps be taken within a week hence. In that event, notice be issued fixing a short returnable date.

4. The matter be listed immediately after service of notice upon the Respondents.

Signature Not Verified Digitally Signed (D. Dash), Signed by: NARAYAN HO Designation: Peresonal Assistant Reason: Authentication Judge. Location: OHCNarayan Date: 19-Oct-2023 19:45:20