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1996 Supreme(Pat) 288

P.K.DEB
Raghunath Pathak – Appellant
Versus
Kamal Prasad Naik – Respondent


Judgment

P.K.Deb, J.

1. This civil revision application has been preferred by the above-named defendants No. 2 and 3 of Title Suit No. 7 of 1994 regarding part of the order dated 7.3.1994 passed by the Munsif at Seraikella and then confirmed by the 4th Additional District Judge, Chaibasa, in Miscellaneous Appeal No. 3 of 1994 by which temporary injunction granted in favour of the original plaintiff-respondent has been maintained. The other part of the order regarding amalgamation of the above mentioned suit with Title Suit No. 32 of 1992 has not been challenged.

2. The original plaintiff Smt. Jamuna Naik alias Bodo Devi @ Savitri Devi Title suit No. 7 of 1994 before the court of Munsif at Seraikella for a relief of declaration that the sale deed dated 4.4.1975 executed by her brother defendant No. 1 in favour of defendants No. 2 and 3 in respect of the suit lands as described in the schedule of the plaint was illegal, void and inoperative and without consideration and was not binding upon the original plaintiff. There was further prayer for a decree for confirmation of possession having legitimate half share in the suit property and alternatively for recovery of possession and for a













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