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2002 Supreme(Ori) 285

BASUDEVA PANIGRAHI, L.MOHAPATRA
FATEMA BIBI – Appellant
Versus
SK. AKBAR – Respondent


Advocates Appeared:
A.K.Baral, B.RATH, K.ROY, R.K.DAS, S.C.GHOSH, S.Ghosh, S.K.Nayak, S.K.ROUTRAY, SANJAY KUDAS, U.N.SAHU

B. PANIGRAHI, J.

( 1 ) PLAINTIFFS in Title suit No. 130 of 1980 of the Court of Civil judge, Senior Division, Bhadrak are in appeal challenging dismissal of their suit by the Judgment and decree passed therein.

( 2 ) FOR better appreciation of the case of both parties it is necessary to quote the admitted genealogy given in the plaint. (See Genealogy below)it is revealed from the genealogy that one sk. Manohar Ali had only one son, namely, sk. Asgar Ali. Sk. Asgar Ali died leaving behind his widow Zobeda @ Zabeda Bibi, who has been arrayed as defendant No. 3 in the suit before the trial Court. Sk. Asgar All had two sons, namely, Sk. Akbar Ali and, Sk. Umar Ali who have been arrayed as defendants 1 and 2 respectively, and three daughters, namely, Fatema Bibi, Sayera Banu and ayesha Sultana, who are plaintiffs 1 to. 3 respectively. The plaintiffs' case is that the immovable properties described in Schedules 'kha', 'ga', 'gha' and 'cha' and the movable properties described in Schedule 'una' belonged to their father Sk. Asgar Ali. It is further stated that the, properties described in Schedule 'cha' were acquired by the Transport and Railway Departments and compensation granted by th

















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