Sk. Sirajuddin & Others vs Sk. Abu Bakar And Others
2025 Latest Caselaw 9869 Ori

Orissa High Court

Sk. Sirajuddin & Others vs Sk. Abu Bakar And Others on 11 November, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                              R.S.A. No.535 of 2025

        Sk. Sirajuddin & others              .....                  Appellants

                                                       Represented by
                                                       Mr.A.P.Bose, Advocate

                                      -versus-
        Sk. Abu Bakar and others             .....                  Respondents

                                                      Represented by None

                                     CORAM:
           THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

Order                                 11.11.2025.
No.

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

2. Heard Mr. A.P.Bose, learned counsel for the appellants, 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;

(i) Whether the First Appellate Court was legally justified in shifting the burden of proof of the sale deed in question on the

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plaintiffs when it was the defendants who had questioned the validity of the same?

4. Call for the L.C.R.

5. Issue notice to the Respondents by Speed Post fixing a short returnable date. Requisites be filed within seven days.

6. List this matter in the month of July, 2026.

(Sashikanta Mishra) AKB Judge

02. 1. Status quo as on date with regard to the suit property shall be maintained till the next date.

(Sashikanta Mishra) Judge

Location: High Court of Orissa, Cuttack