Nirmala Das@Samal vs Niranjan Das
2025 Latest Caselaw 4409 Ori

Orissa High Court

Nirmala Das@Samal vs Niranjan Das on 24 February, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           RSA No. 320 of 2024
            Nirmala Das@Samal                     ....                     Appellant

                                                                 Represented by
                                                            Mr. S.P. Mishra, Sr.
                                                                      Advocate
                                             -Versus -
            Niranjan Das                           ....                 Respondent
                                                                   Represented by
                                                                                .
                        CORAM:
                          JUSTICE SASHIKANTA MISHRA
                                         ORDER

24.02.2025 Order No. 1. This matter is taken up through hybrid mode.

1.

2. Heard Mr. S.P. Mishra, learned Sr. Counsel with Mr. U. Panda for the appellant. Perused the impugned judgments.

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

i. Whether both the courts below were correct in holding the registered gift deed vide Exhibit-A as valid without applying the principles to be followed for considering an instrument executed by an old and illiterate lady? ii. Whether both the courts below committed illegality in ignoring the lacuna in execution of the registered document (Exhibit-A)?

4. Issue notice to the respondent by registered post with A.D. making it returnable within four weeks. Requisites be filed within three working days.

5. Call of the LCR.

6. List this matter after summer vacation.

(Sashikanta Mishra) Judge

Order No.

2. 1. Issue notice as above.

2. Accept one set up process fee.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 25-Feb-2025 19:58:08