Sarmistha Dhal vs Upendra Maharana
2024 Latest Caselaw 16563 Ori

Orissa High Court

Sarmistha Dhal vs Upendra Maharana on 12 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 328 of 2024


            Sarmistha Dhal                        ....                   Appellant
                                                                Represented by
                                                       Mr. S. Kar, Advocate

                                             -Versus -
            Upendra Maharana                       ....                 Respondent

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 12.11.2024 Order No.

1. This matter is taken up through hybrid mode.

1.

2. Heard Mr. S. Kar, 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 learned First Appellate Court has lost sight of the provision of Section - 55 (4) (b) of the Transfer of Property Act, 1882 in the facts and circumstances of the case, where the Defendants ought to have been directed to make payment of the rest consideration amount of Rs.6,000,00/-, if at all it is proved by evidence that the defendant has not satisfied that entire consideration amount was paid to the Plaintiff?"

4. Issue notice to the respondent 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

Order No.

2. 1. As an interim measure, it is directed that there shall be stay operation of the impugned judgment and decree till the next date.

(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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