Damodar Naik vs Kheda Patra
2024 Latest Caselaw 16278 Ori

Orissa High Court

Damodar Naik vs Kheda Patra on 5 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  RSA No. 260 of 2024

            Damodar Naik                          ....                   Appellants
                                                                Represented by
                                                         Mr.J.R. Deo, Advocate

                                             -Versus -


            Kheda Patra                             ....                Respondent

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. J.R. Deo, 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 impugned judgments are sustainable holding that the Will is not genuine and the same is invalid and inoperative in the eye of law, when there is no prayer in the suit challenging the deed of Will ? ii. Whether the civil suit was maintainable in view of the findings of the consolidation authorities under Ext. D?"

iii. Whether the impugned judgements suffer from gross errors apparent on the face of the record when there were cogent materials to show that there was previous partition of the suit properties?

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: 08-Nov-2024 08:39:19