Manbhula Naik vs Rabi Chandra Patel And Others
2024 Latest Caselaw 16330 Ori

Orissa High Court

Manbhula Naik vs Rabi Chandra Patel And Others on 6 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  RSA No. 243 of 2024

            Manbhula Naik                         ....                   Appellant
                                                               Represented by
                                                   Mr. S. Pattanaik, Advocate

                                            -Versus -


            Rabi Chandra Patel and Others          ....                Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 06.11.2024

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

1.

2. Heard Mr. S. Pattanaik,, 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. As to whether the second sale deed vide Ext. F executed by one of the co-sharer to the respondent No.1 in excess of his share is valid.

ii. As to whether at the instance of the purchaser of the property (Respondent No.1) from a co-share, the 1st appellate court can decide the issue without the decree being challenged by any of the co-sharer."

4. Issue notice to the respondents 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 08:44:37