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SLP (Civil) 5062 - 2023 (29-03-2023)

The Supreme Court of India is hearing a Special Leave Petition regarding the adoption of Sondhar Banua, who has since passed away, and the implications of the Hindu Adoption and Maintenance Act, 1956. The High Court had previously set aside a favorable finding for the plaintiffs, stating that the adoption was not proven. The Supreme Court has issued a notice on the petition and interim prayer, with a returnable date in four weeks.

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27 views2 pages

SLP (Civil) 5062 - 2023 (29-03-2023)

The Supreme Court of India is hearing a Special Leave Petition regarding the adoption of Sondhar Banua, who has since passed away, and the implications of the Hindu Adoption and Maintenance Act, 1956. The High Court had previously set aside a favorable finding for the plaintiffs, stating that the adoption was not proven. The Supreme Court has issued a notice on the petition and interim prayer, with a returnable date in four weeks.

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officesibosankarmishra
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We take content rights seriously. If you suspect this is your content, claim it here.
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ITEM NO.15 COURT NO.

16 SECTION XI-A

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No. 5062/2023

(Arising out of impugned judgment and order dated 25-11-2022 in SA


No. 302/2000 passed by the High Court of Orissa at Cuttack)

SONDHAR BANUA @ BHOTRA (SINCE DEAD) THROUGH LRS. Petitioner(s)

VERSUS

BALI BHOTRA & ANR. Respondent(s)

(FOR ADMISSION)

Date : 29-03-2023 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY


HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

For Petitioner(s) Mr. Sibo Sankar Mishra, AOR


Mr. Umakant Mishra, Adv.
Mr. Niranjan Sahu, Adv.
Debabrata Dash, Adv.
Ms. Apoorva Sharma, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Heard Mr. Sibo Shankar Mishra, the learned counsel appearing

for the petitioners (plaintiffs).

The counsel would submit that the original plaintiff Sondhar

Banua was taken in adoption on 14.04.1949, well before the

enactment of the Hindu Adoption and Maintenance Act, 1956. That

apart, the petitioners belong to the Scheduled Tribe category and

as such, under sub-section (2) of Section 2, the 1956 Act would not
Signature Not Verified

apply to the petitioners.


Digitally signed by
NITIN TALREJA
Date: 2023.03.29
However, disregarding this and other
16:48:19 IST
Reason:

important aspects, the High Court opined that adoption has not been

1
proved and the positive finding favouring the plaintiffs by the

Additional District Judge was set aside.

Issue notice on the Special Leave Petition as also on the

interim prayer, returnable in four weeks.

(NITIN TALREJA) (NAND KISHOR)


COURT MASTER (SH) COURT MASTER (NSH)

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