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1978 Supreme(Ori) 23

P.K.MOHANTY
Bhimasena Mahapatra – Appellant
Versus
Ramesh Chandra Mohapatra – Respondent


Advocates Appeared:
R.C. Patnaik and Mrs. A.K. Padhi, for Appellants; P.V. Ramdas and P.K. Misra, for Respondents,

Judgement

JUDGMENT :- This second appeal has been preferred by defendants 3 and 4 against a preliminary decree for accounts.

2. The plaintiffs 1 to 3, who are brothers, brought the suit for accounts of the properties of their family deity Shri Radhakrishna (defendant No. 4). It was alleged that late Somanath Paramguru was the paternal great grand-father of the plaintiff and that he had executed a will on 22-10-1927 whereby, among other dispositions, he had dedicated the suit lands, about 15 acres in extent, in favour of the aforesaid family deity. Somanath died in 1927 leaving behind him his two widows, viz., Janaki and Subarni, brother s widow Champa and pre-deceased son s widow Jamuna. In the Will he gave authority to each one of them, excepting Subarni, to take a son in adoption and in pursuance thereof Champa adopted Bhimasen (defendant no. 3) and Jamuna adopted Debaraj. After the death of Debaraj, Jamuna adopted Satyanarayan, the father of the plaintiff s, Satyanarayan died in 1953. Under the Will Janaki was appointed as the executrix and she was conferred with power of management over the lands bequeathed in favour of the family deity. One Hari Panda was appointed as the Archak

























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