Dhaneswar Samal & Ors vs Basudev Samal & Ors
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Orissa High Court

Dhaneswar Samal & Ors vs Basudev Samal & Ors on 11 February, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                         RSA No. 457 of 2024

              Dhaneswar Samal & Ors.                  .....                         Appellants
                                                                           Mr. N.K. Sahu, Adv.
                                                      -Versus-
              Basudev Samal & Ors.                    .....                       Respondents




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

11.02.2025

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

01.

2. Heard Mr. N.K. Sahu, 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 questions of law.

"i) Whether the first appellate Court was correct in not considering the documents furnished by way of additional evidence while finally deciding the matter?

ii) Whether the finding of the first appellate Court that Section 117 of the T.P. Act is applicable to the documents executed by Ext.1, 2 & 3 is correct?"

4. Issue notice to the respondents by registered post, returnable within four weeks. Requisites be filed within three days.

5. Call for the LCR.

4. List this matter after summer vacation.

(Sashikanta Mishra) Judge

A.K. Rana Signature Not Verified Digitally Signed Signed by: AJAYA KUMAR RANA Designation: Personal Assistant Reason: Authentication

Date: 12-Feb-2025 13:29:59