A At Cuttack vs Gopal Chandra Bisi And Others
2025 Latest Caselaw 6234 Ori

Orissa High Court

A At Cuttack vs Gopal Chandra Bisi And Others on 24 June, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                        RSA No. 134 of 2025
                                  A AT CUTTACK
            Pitabasa Badmali and others       ....                  Appellants
                                                           Represented by
                                                  Mr. A.P. Bose, Advocate

                                              -Versus -
            Gopal Chandra Bisi and Others            ....               Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 24.06.2025

Order No.

1. This matter is taken up through hybrid mode.

1.

2. Heard Mr. A.P. Bose, learned counsel for the appellants. 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 the learned courts below were correct in holding that the sale deeds in favour of the defendants are illegal when the very basis of the claim of the plaintiff that he is the adopted son of late Rahas has been negative by both the courts below?

ii. Whether the learned courts below were correct ignoring the sale deeds by Rahas when the said document is 30 years old document as per Section 90 of the Evidence Act and the same has been proved under Section 67 of the Evidence Act?

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

5. Call for the LCR.

6. List this matter in the month of December, 2025.

(Sashikanta Mishra) Judge

Order No.

1. Mr. Bose, learned counsel for the appellant submits that his

2. client is in possession over the suit property.

2. Considering the submissions as above, the status quo with regard to the suit property as on date shall be maintained till the next date.

3. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 25-Jun-2025 10:04:49