Gupta Power Infrastructure Ltd vs Colonel Ajai Saxena And Others
2024 Latest Caselaw 16642 Ori

Orissa High Court

Gupta Power Infrastructure Ltd vs Colonel Ajai Saxena And Others on 13 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  RSA No. 273 of 2023

            Gupta Power Infrastructure ltd         ....                    Appellant
                                                                 Represented by
                                                        Mr. A.P. Bose, Advocate

                                             -Versus -
            Colonel Ajai Saxena and others          ....                Respondents

Represented by Mr. K. Panigrahi, Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 13.11.2024 Order No. RSA Nos. 273 & 278 of 2023

2.

1. These matters are taken up through hybrid mode.

2. Learned counsel for the appellant is permitted to correct the typographical error in the I.A. in Court.

3. Heard Mr. A.P. Bose, learned counsel for the appellant. Perused the impugned judgments.

4. Considering the submissions and the grounds raised, both the second appeals are admitted on the following substantial questions of law:-

"i. Whether both the courts below were correct in dismissing the suit filed by the plaintiff without considering the competence of the vendor's vendor (Md. Akbar) to alienate the suit property as per the provisions of Mohammedan Law?

ii. Whether the learned courts below were correct in admitting secondary evidence, when as per section 63 of the Evidence Act, the admissibility is not proved not its original documents is proved to its existence?"

5. Since Mr. K. Panirgrhi has already entered appearance for respondent Nos. 1 to 4, no notice need be issued to them.

6. Copies of the appeal memo have already been served upon Mr. Panigrahi.

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

8. Call for the LCR.

9. List these matters in the week commencing 10th February, 2025 under the heading "Hearing".

(Sashikanta Mishra) Judge

I.A. 1145 of 2023 Order No.

3. 1. Issue notice as above.

2. Accept one set up process fee.

3. As an interim measure, it is directed that the other proceeding in Execution Case No. 11 of 2023 pending in the court of learned Senior Civil Judge, Khorda shall remain stayed till the next date.

(Sashikanta Mishra) Judge BC. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 14-Nov-2024 19:56:30