Orissa High Court

Abhimanyu Das vs Krushna Das And Others on 2 May, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     RSA No.453 of 2024

            Abhimanyu Das                                 ....         Appellants
                                                                  Represented by

                                                          Mr. L. Samantaray, Adv.

                                         - Versus -
            Krushna Das and others                        ....       Respondents
                                                                  Represented by

                                                           Mr. S.K. Pradhan, Adv.
                  CORAM:
                        JUSTICE SASHIKANTA MISHRA

                                              ORDER

02.05.2025 Order No. 1. This matter is taken up through hybrid mode.

05. . 2. Sri Samantaray, learned advocate submits that he has already donated a book on Medical Jurisprudence to the Orissa High Court Bar Association Library.

3. Heard Sri Samantaray, learned counsel for the appellants and perused the impugned judgments. Considering the submissions and the grounds raised, the Second Appeal is admitted on the following substantial question of law:-

i) Whether the finding of the learned Courts below under Issue No.VIII that the relinquishment deed under Exhibit-B dated 23.12.2008 is not safe to be declared as genuine and valid in the absence of any specific pleading in the plaint regarding genuineness of the same?"

4. No notice need be issued to Respondent No.1, as he has already entered appearance. Let a copy of the appeal memo be served on learned counsel appearing for Respondent No.1.

5. Issue notice to the other Respondents by registered/speed post with A.D. Notice be made returnable within four weeks. Requisites shall be filed within three working days. Call for the LCR.

6. List this matter in month of October 2025, for hearing.

(Sashikanta Mishra) Judge

Order No.

06. 1. It is directed that final decree proceeding in FDCS No.4 of .

2024 (arising out of C.S. No.24 of 2021) pending in the Court of learned 2nd Additional Senior Civil Judge, Berhampur, Ganjam, may continue but, the same shall not be sealed or signed without leave of this Court.

2. The I.A. is disposed of.

(Sashikanta Mishra) Judge

Prasant

Signed by: PRASANT KUMAR SAHOO Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court Date: 02-May-2025 17:39:41