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2025 DAILYLAW 28811 (ORI)

MANAS KUMAR PATRA v. ANINDITA PATRA

CMP/614/2025 · 2025-07-31

B P Routray

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.614 of 2025 Manas Kumar Patra …. Petitioner Mr. S. Mishra, Advocate -versus- Anindita Patra and Others …. Opposite Parties Mr. M. Agarwal, Advocate CORAM: JUSTICE B. P. ROUTRAY ORDER 31.07.2025 Order No. 03. 1. Heard Mr. Mishra, learned counsel for the Petitioner and Mr. Agarwal, learned counsel for the Opposite Parties. 2. As recorded in order dated 29th July 2025, the challenge of Opposite Parties 1 and 2 to Registered Gift Deed No.5779 dated 30th October 2008 is only on the question that such property being ancestral property of Defendant No.1 cannot be gifted in favour of Defendant No.3. A memo is filed on behalf of Opposite Parties 1 and 2 today in Court stating therein that Opposite Parties 1 and 2 have not questioned or challenged any defect in execution of the Registered Gift Deed and the challenge is only on the aspect as stated above. 3. In view of such contentions raised on behalf of the Opposite Parties 1 and 2 and the memo filed to that effect, Mr. Mishra, learned counsel for the Petitioner submits that he does not want to press the CMP as Defendant No.3 is not required to examine the attesting witness or the scribe in order to prove the execution of Gift Deed. Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 31-Jul-2025 18:14:32 Signature Not Verified 4. Accordingly, the CMP is disposed of and the memo dated 31st July 2025 filed on behalf of Opposite Parties 1 and 2 is formed part of record. 5 Urgent copy of this order be granted on proper application. ( B.P. Routray) Judge C.R. Biswal/Anisha Designation: A.R.-Cum-Sr.Secretary