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2005 Supreme(SC) 148

A.K.MATHUR, ASHOK BHAN
RAGHBENDRA BOSE – Appellant
Versus
SUNIL KRISHNA GHOSE – Respondent


ORDER

1. The appellants in these appeals have challenged the composite order passed by a Division Bench of the High Court of Orissa at Cuttack in AHO No. 243 of 2001 arising from the order passed by the learned Single Judge of the High Court in OJC No. 691 of 2001 and OJC No. 2884 of 2002.

2. In AHO No. 243 of 2001 the Division Bench has set aside the order passed by the learned Single Judge in OJC No. 691 of 2001 and restored that of the Revenue Divisional Commissioner (Central), Cuttack (hereinafter referred to as "the Commissioner") passed in Khasmahal Lease Appeal No.2 of 1994 reviving the same on an application moved by Respondents 1 and 2 after obtaining a probate from the High Court of Calcutta in PLA No. 257 of 1997 decided on 17-5-2000. Earlier Khasmahal Lease Appeal No.2 of 1994 had been dismissed by the Commissioner as Respondents 1 and 2 had failed to obtain a probate of the Will executed by Asit Kumar Ghose.

3. In OJC No. 2884 of 2002 the High Court has partly set aside the order passed by the Collector, Puri dated 11-2-2002 after the remand of the case by the High Court. The order of the Collector holding that the land in dispute can be kept by the Government since no



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