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1985 Supreme(Ori) 181

K.P.MOHAPATRA
MANIKA SAHU – Appellant
Versus
DANDAPANI SAHU – Respondent


Advocates Appeared:
K.N.Sinha, R.C.Ram

K. P. MOHAPATRA, J.


( 1 ) THIS revision is directed against the order passed by the learned Additional Sessions Judge, Ganjam reversing the order passed by the learned Sub-Divisional Magistrate, Berhampur who passed orders under S. 146 (1) of the Criminal. P. C. ('code' for short) attaching the disputed land.

( 2 ) THE petitioners were members of the first party and the opposite parties were members of the second party in the proceeding under S. 145 of the Code. There were some third parties before the courts below who were not impleaded as parties in the Criminal Revision. The facts in brief are as follows :- bharat, Dandapani and Maharga were brothers and members of a Hindu joint family. They instituted Title Suit No. 2 of (975 in the Court of the Subordinate Judge, Aska, for a decree to declare their possession in respect of Survey No. 159 in khata No. 28-Ka relating to 8 acres and Survey No. 159 in Khata No. 28 relating to 7 acres of land in village Jura Samantarapur within Pattapur Police Station, Ganjam. During pendency of the suit Bharat died and was substituted by his legal representatives. A decree was passed in the suit on 23-11-1976. The petitioners are the heirs of lat













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