Jaktu Majhi & Others vs Sri Lusuku Majhi &
2023 Latest Caselaw 13320 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                         RSA NO.316 OF 2023
        Jaktu Majhi & Others          ....                       Appellants
                                             Mr. A. K. Mishra-2, Advocate

                                      -versus-

        Sri Lusuku Majhi &            ....                        Respondents
        Others


                  CORAM:
                  MR. JUSTICE D.DASH

                                    ORDER

Order                              30.10.2023
 No.
 01.    1.     This matter is taken up through hybrid arrangement
        (virtual/physical) mode.

2. Heard Mr. A. K. Mishra-2, learned counsel for the Appellants.

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

"Whether on the face of the established position of the Traditional Old Hindu Law with which the parties are governed, since the grandmother of the Defendant had absolutely no right over the property of her brother which on his death had reverted back to the male members of his family (male heirs), the First Appellate Court ought to have held Ext.A and Ext.B which are the judgment and decree passed in Title Suit No.19/1979 in favour of the grandmother of the Defendant No.1 as nullities and as such ought not to have given any importance as to the having any impact over the decision in the present suit?"

// 2 //

4. Issue notice to the Respondents by registered post with AD, requisites for which shall be filed within a week. In that event notice be issued fixing a short returnable date.

5. List this matter in the week commencing 4th December, 2023.

(D.Dash) Judge

Gitanjali

Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 02-Nov-2023 12:52:29