Dangra Pradhan vs Rama Pradhan And Others
2024 Latest Caselaw 16564 Ori

Orissa High Court

Dangra Pradhan vs Rama Pradhan And Others on 12 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 343 of 2024

            Dangra Pradhan                        ....                   Appellant
                                                               Represented by
                                                           Mr. P.K. Satapathy,
                                                                     Advocate

                                             -Versus -
            Rama Pradhan and Others                   ....               Respondents

Represented by Mr. S. Dash, Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 12.11.2024 Order No.

1. This matter is taken up through hybrid mode.

4.

2. Office note regarding deficit court fees be ignored, as this being a suit for partition, fixed court fee of Rs.300/ is payable. The court fees paid by the appellant be accepted.

3. Though learned State Counsel, as directed, has obtained instructions that the caste certificate produced by the appellant is genuine yet, in view of the above order regarding payment of court fees, the same is no longer relevant.

4. Heard Mr. P.K.Satapathy, learned counsel for the appellant. Perused the impugned judgments.

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

"i. Whether the 1st Appellate Court was justified in dismissing the appeal only on the ground of limitation ignoring the period exempted by the

Supreme Court of India due to COVID-19 Pandemic?"

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

7. Call for the LCR.

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

(Sashikanta Mishra) Judge

Order No.

1. Status quo with regard to the suit property as on date shall be

5. maintained 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