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2005 Supreme(Ori) 560

A.S.NAIDU
Pragnya Rout – Appellant
Versus
Hemaprava Ray – Respondent


Advocates:
For Appellant:M/s. Prasanta Mohanty, R. Ch. Mohanty and R.K.Mohanty
For Respondents
1, 12 and 13:Mr. B.H.Mohanty
For Respondents 6 to 11:Mr. Prabodh Patnaik
For Respondents 3 to 5:Mr. Ch. N.C.Das

JUDGMENT

A. S. NAIDU, J. — Defendant No. 5 in Title Suit No. 280 of 2000 of the Court of the 2nd Addl. Civil Judge (SD), Cuttack has preferred this appeal challenging the judgment and decree dated 28th February, 2003 and 15th March, 2003 respectively. The suit was filed by Hemaprava Ray, present respondent No. 1, seeking reliefs as follows :

“(A) The exclusive title of the plaintiff and pro forma defendant Nos. 6 to 11 in respect of the suit land described in Schedule-A of the plaint be declared. Possession of the six shop rooms standing on the eastern border of the suit plot be deliv¬ered to the plaintiff and pro forma defendants 6 to 11 by evict¬ing defendant Nos. 1 to 5 and the plaintiffs’ possession of (sic) the rest of the suit land be confirmed. In case she is found disposed (sic) from any part thereof, she be restored to posses¬sion through Court.

(B) The record of right in respect of the suit land finally published on 8.1.1999 be declared to be wrong and not binding against the interest of the plaintiff and pro forma defendants 6 to 11.

(C) Defendant Nos. 1 to 5 be permanently restrained from disturbing possession of the plaintiff and pro forma defendant Nos. 6 to 11 on























































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