Orissa High Court

A At Cuttack vs Umapati Behera on 6 May, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 RSA No. 244 of 2022F O

                                     A AT CUTTACK
            Chandra Bagh                       ....                        Appellant
                                                                 Represented by
                                                          Mr. J. Dash, Advocate

                                              -Versus -
            Umapati Behera                          ....                Respondent

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 06.05.2025

Order No.

1. This matter is taken up through hybrid mode.

8.

2. Heard Mr. J. Dash, learned counsel 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 ignored the vital fact that the sale deed in question was executed by the vendors, one of whom was a minor, but without any recital that the said sale was also for the benefit of the minor? ii. Whether the courts below committed error in holding that the sale deeds vide exhibits 1 and 2 are valid, even if no permission from the competent court was obtained under Section 8 of the Hindu Minority and Guardianship Act?

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. LCR is already on record.

6. List this matter in the week commencing 15th September, 2025.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 07-May-2025 19:42:30