Narmada Sabat vs Pankajini Panda And Others
2025 Latest Caselaw 5118 Ori

Orissa High Court

Narmada Sabat vs Pankajini Panda And Others on 19 March, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK


                              R.S.A. No.444 of 2024


       Narmada Sabat                         .....                       Appellant

                                                       Represented by
                                                       Mr.N.N.Mohapatra,
                                                       Advocate

                                      -versus-
       Pankajini Panda and others            .....                    Respondents

                                                      Represented by none


                                     CORAM:

            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

18.3.2025.

Order No.

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

2. Heard Mr. N.N.Mohapatra, learned counsel for the appellant on the question of admission. Perused the judgments passed by the lower appellate Court as well as the trial Court.

3. Considering the submissions and the grounds raised, the R.S.A is admitted on the following substantial question of law;

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(i) Whether the First Appellate Court was correct in holding that the Will marked Ext.G is valid despite the fact that the same was purportedly executed on 5.9.2007, which is after the amendment to Section 6 of the Hindu Succession Act?

(ii) Whether the First Appellate Court as well as the trial Court are correct in finding that the so-called relinquishment deed vide Ext.A is a valid document ignoring the recitals thereof ?

4. Call for the L.C.R.

5. Issue notice to the Respondents by Registered Post with A.D. making it returnable within four weeks. Requisites be filed within three working days.

6. List this matter after Summer Vacation.

(Sashikanta Mishra) AKB Judge

02. 1. Considering the submissions, it is directed that the final decree proceeding may continue but the decree shall not be sealed or signed till the next date.

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

(Sashikanta Mishra) Judge

Designation: A.D.R.-cum-Addl. Principal Secretary

Location: Orissa High Court, Cuttack