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Judgment
B. P. Routray, J
Heard Mr.Bhuyan, learned counsel for the Appellant.
The appeal is admitted on the following substantial questions of law:
“1. Whether both the Courts below have failed to distinguish the concept of joint family homestead and joint ownership of the property and can
they effectively decide the question of partition without framing specific issue to that effect?
Whether the limitation operates as a bar for the Plaintiff to maintain the suit since admittedly the suit was filed after twelve years of purchase of the
property in question?â€
Issue notice to the Respondents by registered post with A.D. for which requisites shall be filed within seven days.
List on 12th May, 2022. I.A.No.253 of 2021
As an interim, it is directed that further proceeding in Execution Case No.9 of 2020 pending in the court of the learned Civil Judge (JD), 1st Court,
Cuttack shall remain stayed till 12th May, 2022.
Urgent certified copy of this order be granted on proper application.
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