Arnapurna Biswal Anr vs Bichitrananda Nayak & Anr
2025 Latest Caselaw 4290 Ori

Orissa High Court

Arnapurna Biswal Anr vs Bichitrananda Nayak & Anr on 20 February, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       RSA No. 540 of 2023

            Arnapurna Biswal Anr.                    .....
                                             Appellants
                                                   Mr. S.K.Mishra, Sr. Adv. with
                                                           Mr. J. Pradhan, Adv..
                                       -Versus-
            Bichitrananda Nayak & Anr. .....                       Respondents



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

20.02.2025

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

05.

2. Heard S.K. Mishra, Sr. Advocate with Mr. J. Pradhan, 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 have committed error in applying the provisions under Section 44 of the Transfer of Properties Act and Section 4 of the Partition Act, even though the same are not applicable on the facts of the case ?."

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

5. Call for the LCR.

4. List this matter after summer vacation.

(Sashikanta Mishra) A.K. Rana

Designation: Personal Assistant

Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Feb-2025 19:22:10