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2022 Supreme(SC) 462

M. R. SHAH, B. V. NAGARATHNA
Sudhir Ranjan Patra (Dead) thr. LRs. – Appellant
Versus
Himansu Sekhar Srichandan – Respondent


Advocate Appeared:
For the parties :Vijay K. Jain, Suresh Chandra Tripathy, Shailja Kulshreshtha, Nitesh Bhandari, Prabhat Kumar Rai, Shourajeet Chakravarty, Aprajita Bhardwaj, Naveen Kumar, Advocates

JUDGMENT :

M. R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 04.02.2022 passed by the High Court of Orissa at Cuttak in CMP No. 1423/2019, by which, though the High Court has confirmed the order passed by the learned Trial Court setting aside the ex-parte decree in exercise of powers under Order IX Rule 13 of Code of Civil Procedure (CPC), the High Court has observed and held that appellants herein - defendant Nos. 2 and 3 cannot be permitted to file their written statement the appellants herein - original defendant Nos. 1 to 3 have preferred the present appeals.

2. The facts leading to the present appeals in a nutshell are as under: -

2.1 That respondent No. 1 herein - original plaintiff instituted a suit for declaration of his right, title, interest and possession over the suit schedule land being Civil Suit No. 1783/2011. The original plaintiff also prayed for a decree to declare that original defendant No. 2 has no authority to alienate the suit land and also to declare that the two registered sale deeds bearing Nos. 3530 and 3533 of 2000 are not binding on the plaintiff as well as proforma defendant Nos. 4 and 5. A relief of permanent inj


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