Sri Santosh Kumar Mahalick & vs Sri Jagabandhu Mahalick &
2025 Latest Caselaw 2047 Ori

Orissa High Court

Sri Santosh Kumar Mahalick & vs Sri Jagabandhu Mahalick & on 2 January, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    FAO No.466 of 2024

        Sri Santosh Kumar Mahalick &        ....         Appellants
        Anr.
                                               Represented By Adv.
                                            Mr. Maheswar Mohanty

                               -versus-
        Sri Jagabandhu Mahalick &       ....           Respondents
        Ors.



                 CORAM:
                 DR. JUSTICE S.K. PANIGRAHI

                                ORDER

Order                          02.01.2025
No.

01. 1. This matter is taken up through hybrid arrangement.

2. Heard.

3. The Appellants have filed this Appeal challenging the

judgment dated 02.09.2024 passed in Probate Misc. Case

No.01 of 2014/I.A. No.332 of 2022 passed by the learned

Civil Judge (S.D.), Bhadrak.

4. Learned counsel for the Appellants submits that the

learned trial court while giving finding to the effect that

the registered WILL dated 13.05.2007 under Ext-1 has

been duly executed by Bhima @ Bhimsen Mahalick while

// 2 //

he was in good health and sound mind at Para-8 of the

judgment. Further, the trial court has also held at Para-11

of the judgment that there is no suspicious circumstances

on the face of the WILL and in that view of the matter,

the learned trial court has erred in law in proceeding the

matter with regard to declaration of title in respect of the

suit land. The learned trial court though has given

specific finding to the effect that there is due execution of

Ext-1 by Bhima @ Bhimsen Mahalick attached with

attestation by two attesting witnesses but has erred in

law in holding that the petitioners failed to satisfy flow of

title to testator.

5. In such view of the matter, let notice be issued to the

Respondent Nos.1 to 5 by Registered Post with

A.D./Speed Post. Requisites shall be filed within five

working days from today.

6. List this matter on 6th February, 2025.

(Dr. S.K. Panigrahi) Judge Signature Sumitra Not Verified Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa,Cuttack Date: 03-Jan-2025 17:32:01