Cuttack vs Atili Chinnarao@Venkataswami
2025 Latest Caselaw 8625 Ori

Orissa High Court

Cuttack vs Atili Chinnarao@Venkataswami on 23 September, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 114 of 2025A AT
                             CUTTACK
            Inja Chakravarty               ....                 Appellant
                                                      Represented by
                                                     Mr. T.K. Mishra,
                                      -Versus -
            Atili Chinnarao@Venkataswami           ....                Respondent

Naidu Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 23.09.2025

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

1.

2. Heard Mr. T.K. Mishra, 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 non-signature of the witnesses on each page, non-disclosure of the address of the witnesses and date against all the witnesses in one handwriting and non- attestation of the LTI either of the testators or the witness and non-disclosure the address of the scribed in an unregistered Will then can the Will be treated as genuine one?

ii. Whether a registered sale deed can be challenged beyond the limitation prescribed under the Limitation Act and the suit can be admitted and decreed without any issue?

iii. Whether a registered Willnama of the year 1931 has no meaning on the basis of an unregistered Willnama when the age of the testatrix is not correct as on the execution of the unregistered Willnama?

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. Call for the LCR.

6. List this matter in the month of April, 2026 for hearing.

(Sashikanta Mishra) Judge

Order No.

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

2. 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: 24-Sep-2025 19:28:49