Sborno@Subarna Harijan And vs Raghunath Harijan
2024 Latest Caselaw 16249 Ori

Orissa High Court

Sborno@Subarna Harijan And vs Raghunath Harijan on 5 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  RSA No. 256 of 2024

            Sborno@Subarna Harijan and            ....                   Appellants
            Others
                                                                Represented by
                                                       Mr. A.P. Bose, Advocate

                                             -Versus -


            Raghunath Harijan                      ....                Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 05.11.2024

Order No. 1. This matter is taken up through hybrid mode.

1.

2. Heard Mr. A.P. Bose, learned counsel for the appellant. Perused the impugned judgments.

3. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law:-

"i. Whether the learned courts below were correct in decreeing the plaintiff's suit in respect of "B"

schedule land when the original sale deed was not produced in the court nor the original case was called from the registering authority?

ii. Whether the learned courts below are correct in holding the sale deed in favour of the plaintiff valid merely because the same was not challenged earlier?"

4. Issue notice to the respondent by registered post with A.D. making it returnable within four weeks. Requisites be filed within a week.

5. Call for the LCR.

6. List this matter in the week commencing 13th January, 2024.

(Sashikanta Mishra) Judge

BC. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 06-Nov-2024 20:08:02