Gram Vikash High School vs Gayatri Sahu
2023 Latest Caselaw 12998 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                         R.S.A. NO.363 OF 2023
            Gram Vikash High School, Konkia, ....                Appellant
            Ganjam
                                               Mr.B.K. Sharma, Advocate
                                      -versus-
            Gayatri Sahu                         ....          Respondent
                                                                  -------
                     CORAM:
                     MR. JUSTICE D.DASH
                                    ORDER

Order No.                          18.10.2023
     03.    1.     This matter is taken up through hybrid arrangement

(virtual/physical) mode.

2. Heard.

Upon hearing learned Counsel for the Appellant and on going through the judgments passed by the Courts below which have been impugned in this Appeal; the Appeal is admitted to answer the following substantial question of law:-

"Whether the Courts below despite the admission of the sole contesting Defendant No.3 as regards the gift which was projected by the Plaintiff to be the document of title, when other Defendants did not appear to contest and set ex-parte are justified in refusing to accept the certified copy of the registered deed of gift as they have not given any explanation with regard to the loss of the original gift deed and on that ground are right to rule against the gift?

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.

// 2 //

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

(D. Dash), Judge.

                                                             ORDER
                                                            18.10.2023
               Order No.                              I.A. NO.909 OF 2023
                   04.             1.      Heard.
                                   2.      Issue notice as above.

Accept one set of process fee.

3. As an interim, it is directed that the status as to the possession of the subject matter of the suit as on today shall continue until further order.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan

Signature Not Verified Digitally Signed Signed by: NARAYAN HO Designation: Peresonal Assistant Reason: Authentication Location: OHC Date: 19-Oct-2023 19:47:55