Prabhat Kumar Mahapatra vs Renubala Panda And Others
2024 Latest Caselaw 16562 Ori

Orissa High Court

Prabhat Kumar Mahapatra vs Renubala Panda And Others on 12 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 309 of 2024


            Prabhat Kumar Mahapatra                ....                   Appellant
                                                                 Represented by

                                                          Ms. D. Mahapatra,
                                                              Advocate

                                              -Versus -
            Renubala Panda and Others               ....               Respondent s

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 12.11.2024 Order No. 1. This matter is taken up through hybrid mode.

7.

2. Heard Ms. D. Mahapatra, 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 question of law:-

"i. Whether the courts below were correct in ignoring the fact that the suit land was mutated in the name of the defendant No. 5-appellant on the basis of family settlement and in holding that the said property is liable for partition, particularly when the order of the mutation authority had attained finality?"

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

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5. Call for the LCR.

6. List this matter in the week commencing 10th February, 2024.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 13-Nov-2024 18:38:43

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