Dukhi Behera & Ors vs Pradyumna Kumar Mishra &
2024 Latest Caselaw 16884 Ori

Orissa High Court

Dukhi Behera & Ors vs Pradyumna Kumar Mishra & on 20 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                            RSA No. 40 of 2022

                Dukhi Behera & Ors.                     .....                           Appellants
                                                                                    Represented by
                                                                        Mr. S.C. Nath Sharma, Adv.

                                                        -Versus-
                Pradyumna Kumar Mishra &                .....                        Respondents
                Others
                                                                                   Represented by


                                           CORAM:
                          THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                          ORDER

20.11.2024

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

02. 2. Heard Mr. S.C. Nath Sharma, learned counsel for the appellants.

3. Perused the impugned judgments. Considering the submissions made and the grounds raised, the second appeal is admitted on the following substantial question of law.

"Whether the Courts below were correct in dismissing the suit without considering the validity of the power of attorney executed in favour of defendant No.1 and whether the sale deed vide Ext.2 consequently executed by defendant No.1 in his personal capacity is valid and lawful in respect of the suit land?"

4. Issue notice to the respondents by Registered Post with A.D., making it returnable within four weeks. Requisites shall be filed within three working days.

6. Call for the L.C.R..

7. List this matter in the week commencing 27th January, 2025.

    A.K. Rana         Digitally Signed                                   Judge

                      Designation: PERSONAL ASSISTANT
                      Reason: Authentication

                      Date: 20-Nov-2024 20:00:18